Indian Penal Code, 1860, Section 364, 365, 448, 506, 511, 34 -- Kidnapping - Complainant not explained as to why names of two persons, who were subsequently named by him were not disclosed for 15 long years - It shows that complainant was trying to put forth improved version - Statement of complainant is also contradictory to official witnesses examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Appellant `R' assaulted deceased on the head with stone in presence of PW1, PW2 and PW5 and their evidence proved beyond doubt about act of appellant `R' - Although in postmortem report cause of death has not been specified with respect to a particular injury but on a plain reading of postmortem report it can..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Identification and participation of other appellants other than `R' in assault has not been proved beyond reasonable doubt by prosecution - Conviction and sentence of appellants set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
Indian Penal Code, 1860, Section 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 448, 34 IPC, S.3(1)(x) of SC/ST Act - Animosity between A-1 and informant - Incident in itself is doubtful - Allegations are omnibus - Informant has taken advantage of his caste and involved four accused in the serious crime..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354B, 448 -- Sexual assault - Mother of victim corroborated the contents of written complaint and she stated that victim narrated the whole incident to her and thereafter she also narrated the same to her husband - Alleged sexual assault could not be disputed in spite of..........
Indian Penal Code, 1860, Section 448 -- Trespass over a plot - Offence u/s 448 IPC is not made out as S.448 IPC applies only when there is trespass in the house...........
