Indian Penal Code, 1860, Section 376(2)(n), 294(b), 341, 323, 324, 452 -- Rape - Main offence of rape is found to be false and baseless - Other offences which are incidental to offence of rape also cannot be said to have been committed by accused - Moreover, nothing brought out to show that other offences are attracted - Accused rightly discharged...........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
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 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
