Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of victim - Victim is a child witness - No corroborating evidence is forthcoming to support her version - There is no medical evidence on record - More so, there is inconsistent version of victim in..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Delay in informing Insurance Company - Repudiation of claim on ground of delay by Insurance Company - When complainant had lodged FIR immediately after the theft of vehicle and police after investigation arrested the accused and filed challan and when claim of insured is found to be genuine,..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Actual delay if any is only of three hours, which is acceptable in facts and circumstances of the case - Moreover, delay has been sufficiently explained in complaint itself, as sister of victim told to victim that they will wait for their mother to return from vegetable business - Moreso, it..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Prolonged election dispute between two groups is the motive of crime - Death of two deceased caused by multiple bullet injuries - No contradictions between three eye witnesses - Merely because they are related witness, in the absence of any material to hold that they are interested, their testimonies cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
