Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Loss of gold jewellery - For gold jewellery, calculation should be based on date when decision to pay compensation is made and not date of offence...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Complaint was lodged against unknown persons - Accused were not traced even after seven years - Petitioner is undoubtedly a victim and they lost their jewels - Compensation to victim is mandatory even when offender is not traced or identified but victim is..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Indian Penal Code, 1860, Section 379 -- Theft - Ingredients essential to constitute an offence of theft are : (i) dishonest intention; (ii) absence of consent; (iii) movable property; and (iv) possession of someone other...........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
Indian Penal Code, 1860, Section 392, 379, 34 -- Nature of offence - Compromise - Prima facie ingredients to constitute an offence u/s 390 IPC punishable u/s 392 IPC are not made out - Offence u/s 379 IPC is made out which is compoundable at the option of owner of stolen property - Offence compounded - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 379, 406, 427 -- Cheating - Jurisdiction of Court - Rent agreement executed between parties - Accused handed over three undated signed blank cheques to complainant as security - Complaint does not mention that cheque was handed over before parties entered into an agreement - Complaint does not show that complainant was persuaded to..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Deceased was in possession of a mobile phone and cash of Rs.2000 when he left home - However, he did not return on the same day - Recovery of Rs.300 from the possession of accused from his house is inconsequential, as that much amount would be available in every household if not more - Moreover, there is..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Circumstantial evidence - Dead body of deceased found in cattle shed with grievous head injuries and also injuries on his mouth with few teeth broken - Stone with which head of deceased was crushed was not sent for fingerprint expert's opinion so as to ascertain whether stone had any finger print of..........
