Indian Penal Code, 1860, Section 350, 349 -- Criminal force - Act of snatching a file, throwing same onto table and hit a plastic chair on floor, will not attract definition of criminal force, as there is no criminal force used against any person, nor is there any intention to use force to cause or knowing it to be likely that by such force he will cause injury, fear or..........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Whether chain is gold chain or not, same cannot be reckoned, if in the course of an attempt to snatch chain, injury was inflicted, that constitutes an offence punishable u/s 393 IPC - Conviction upheld...........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Compromise - PW1 filed an affidavit stating that she has no further grievance in the matter and she does not want to ruin the friendly relationship her family had with family of accused - Offence in question is not a compoundable one - Therefore, said affidavit cannot be acted upon to absolve accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Allegation that accused after snatching gold necklace of victim kidnapped her - No evidence on record that accused kidnapped the victim with an intention to marry her - Victim stated that she was raped against her will multiple times for seven days - However, no evidence on record that victim had at any time during said..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 341, 379A, 379B, 120B, 149, 147 -- Bail - Compromise - Offence u/ss 323, 365, 341, 379-A, 379-B, 120-B IPC - Petitioner was not named in the FIR but he was named by victim in a statement recorded u/s 164 Cr.P.C - Evidentiary value of such statement would be subject matter of trial - It..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 341, 342, 352, 324, 379, 307, 34 -- Discharge - Offence u/ss 341, 342, 352, 324, 379, 307, 34 IPC - Accused struck an axe blow on head of deceased - Allegation of snatching of gold chain of informant and deceased is also made - Merely because accused has filed two criminal cases against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 379B, 427, 452, 506, 34, 326 -- Bail - Offence u/ss 323, 324, 326, 379-B, 427, 452, 506, 34 IPC - Merely because compromise has been effected between parties, cannot be termed as circumstance to extend concession of bail to accused, particularly because five other cases have been..........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 26, 35 -- Offence u/ss 395, 412 IPC and Ss.26, 35 of Arms Act - From cross examination of informant it is apparent that he cannot identify accused who has threatened him and who had taken away money from bag in vehicle - Identification of accused in TIP is also not reliable - Though PW7 and PW8 who are eye..........
