Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - General allegation of demand of additional dowry against i, laws - No overt act or specific role assigned to father-i, law and mother-i, law - Acquittal of father-i, law and mother-i, law calls for no interference...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Acquittal - Legality of - Delay of six days in lodging FIR without any explanation - Allegation of marpeet with prosecutrix by fists and kicks in the FIR does not find support in her testimony in Court - Material contradictions regarding manner in which alleged injuries have been sustained by prosecutrix - Medical..........
Criminal trial -- Honorable acquittal - Meaning - When accused is acquitted after full consideration of prosecution evidence and that prosecution had miserably failed to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted...........
Indian Penal Code, 1860, Section 376, 506, 384 -- Rape - Acquittal - Legality of - Prosecutrix although admitted her thumb impression on FIR, admittedly drafted by her advocate but she stated that she does not know the contents as application was written by her advocate according to his own will - She herself stated that false case against accused was filed due to enmity -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney was only a private consultant - He had no personal knowledge of transaction between parties - Court below rightly observed that testimony of PW1 was based on information which must have given to him by supervisor of complainant or by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........
Indian Penal Code, 1860, Section 302, 34, 504 -- Murder - Common intention - When all the three accused persons separately armed with weapons storm into house of deceased, merely because only one out of them uses the weapon and gives the fatal blow, would not absolve others - Other two accused may not be required to use their weapons but that by itself does not change..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
