Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Ranbir Penal Code, 1989, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appreciation of evidence - Delay of 4 days in lodging of FIR - There are contradictory statements regarding post-mortem report in statements of witnesses recorded u/s 161 Cr.P.C. - Even, duty personnels who were on duty at wireless headquarters have not been cited as..........
Ranbir Penal Code, 1989, Section 366, 375, 376 -- Rape and abduction - No evidence on record that prosecutrix resisted during her rape - Even, police not seized any material supporting occurrence of rape from hotel room - Medical evidence proved prosecutrix to be more than 19 years of age and capable of understanding consequences of said act - Hence, prosecutrix was..........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3, 4, 19, Ranbir Penal Code, 1989, Section 302, 307, 120B, 34 -- Terrorists and disruptive activities - Criminal conspiracy for bomb explosion - Appeal against acquittal - Confessional statement of accused persons regarding their involvement in criminal conspiracy and admissibility of crime have been..........
Ranbir Penal Code, 1989, Section 45, 54, 55, 57, Jammu and Kashmir Criminal Procedure Code, 1989, Section 35(2), 401(1), 402, Prisons Act, 1894, Section 3(1), (5), Prisoners Act, 1900, Section 32, 51 - - Release of prisoner - Imprisonment for life - Petitioner seeking his release from detention on ground that he has already completed 20 years and 11 days of sentence -..........
Ranbir Penal Code, 1989, Section 376 -- Rape - Sentence - Reduction of - Victim wanted to go to 'Ziarat', a seat of spiritual bliss, which is visited by devotees from all walks of life for paying obeisance - Victim was of age of mother of appellant who asked for some help for going to 'Ziarat,' which was extended by appellant and she accepted same - She could not even..........
Ranbir Penal Code, 1989, Section 306, 107 -- Abetment of suicide - Prosecution allegations that deceased wife committed suicide on account of husband having extra marital relations with someone - No evidence adduced by prosecution to prove respondent's illicit relationship with any woman - Prosecution had proceeded on the premise that as the respondent was allegedly having..........
Jammu and Kashmir Forest Act, 1987, Section 6, 9, Ranbir Penal Code, 1989, Section 379 -- Accused found in unauthorized possession of timber - Accused confronted with the whole of incriminating material appearing against him - Held, mere fact that witnesses are govt. officials will not warrant an inference that they were partisan or keen to see that the accused were..........
