Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Failure to pay due to unfortunate business losses cannot be clothed with culpability and process of criminal law utilized to recover outstanding dues - Proceedings quashed...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Family members of deceased alleged that accused demanded dowry from deceased and upon same being not fulfilled subjected her to cruelty - However, I.O. stated that during cross-examination, they did not mentioned such dowry demand and cruelty - Neighbours of accused has stated that relationship..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular witnesses injured in the same transaction, spoke of a blow on head of deceased their grandfather - Mere fact that PW2 and PW3 did not speak of a reverse hit by an axe in S.161 Cr.P.C statement cannot lead to their testimony of overt act being disbelieved - Embellishment even if ignored, overt act stands..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular testimony of witnesses - Accused came with deadly weapons to house of victims and altercation and fight caused between parties - Overt acts of accused inflicting injuries on various parts of body of deceased and victims, totally corroborated by medical evidence - Fatal injury caused on deceased was by a..........
Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Incident relates back to year 1997 and petitioner has so far undergone a period of about 17 days in custody out of 1 year of total sentence and also suffered agony and trauma of protracted trial - While maintaining petitioner's conviction for offence u/s 411 IPC, sentence reduced to..........
Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 323, 326, 34 -- Anticipatory bail - Offence u/ss 324, 323, 326, 34 IPC - Appellant has co-operated with I.O. as and when called upon to do so - Custodial interrogation of appellant is no more required - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Prosecutrix is a major lady aged about 21 years and undisputably she continued to have physical relationship with appellant at least for about one year - She admittedly passed B.Sc, so she is intelligent enough to understand the significance and consequences of moral or immoral quality of act which she was consenting to..........
