Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Different yardsticks have to be adopted for cancellation of bail and interference with order granting bail - Court should take into consideration the post bad conduct and supervening circumstances for deciding as to whether it requires cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail on the ground that Court has not considered material on record - Not be permissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Arrest and detention - An order of arrest and detention can only be passed if husband despite having sufficient means wilfully evades payment with a malafide intention - It is for the wife to prove the means/resources of husband - In this regard after an enquiry, a finding has to be recorded by the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Arrest and detention - An order of arrest and detention can only be passed if husband despite having sufficient means wilfully evades payment with a malafide intention - It is for the wife to prove the means/resources of husband - In this regard after an enquiry, a finding has to be recorded by the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
Criminal trial -- Commission of an offence involves three stages: intention, preparation and attempt - If attempt is successful offence is said to be committed - However, every act towards commission of an offence does not amount to an attempt to commit the offence...........
Indian Penal Code, 1860, Section 376, 354B -- Nature of offence - Accused attempting to disrobe prosecutrix when she cried out and upon local people arriving at spot he ran away - Evidence of prosecutrix with regard to assault and strangulation being not supported by medical evidence appears to be embellishment - Said act of accused does not come u/s 376 IPC - However, act..........
Indian Penal Code, 1860, Section 354B, 448, 323 -- Offence u/s 354-B, 448, 323 IPC - Quantum of sentence - Since accused does not have any criminal antecedent, sentence modified u/s 354-B IPC for 3 years R.I with fine of Rs.10,000 in default to suffer R.I for 2 months - Sentences u/ss 438 & 323 remains unaltered - All the sentences shall run concurrently and 50% fine..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - Right of victim - Victim in police case may prefer an appeal before Court of Sessions against an order of acquittal passed by Magistrate in terms of S.378 Proviso Cr.P.C. and not before High Court - No such right of appeal is vested in victim u/s 378 Cr.P.C. save and except when victim..........
