Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that she sustained abraded injuries on her hand and legs - But no such injuries were found in medical nor there is any abrasion on her hand or leg - Even there is no injury on private parts of victim - There is no medical evidence that victim was unconscious - Medical report shows that she was normal - There was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three accused attacked deceased with exhorting to kill one `A' - They had grappled deceased and inflicted multiple injuries on him with knife - There was prior meeting of minds of all four convicts and all three accused had common intention - Delay in registering FIR has been properly explained - Mere fact that eye..........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
Indian Penal Code, 1860, Section 498A -- FIR u/s 498-A - Limitation to file complaint is three years - Complaint filed much more than 3 years after wife started living separate - No justification for delay in filing complaint - No allegation of physical and mental harassment after wife started living separate - High Court rightly quashed the proceedings...........
Indian Penal Code, 1860, Section 406 -- Stridhan - Non-return of stridhan - No allegation made by wife in divorce proceedings regarding non-return of stridhan - Stridhan articles were already deposited in police station - Subsequent list submitted by wife in 2016 appears to be afterthought, as same was filed after more than 7 years of filing of divorce petition and more..........
Prevention of Corruption Act, 1988, Section 17A, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Public servant - Offence committed by a public servant under P.C. Act in discharge of official functions or duties - Before initiating any enquiry against public servants under the provisions of P.C. Act, prior approval of the Govt. is sine qua non..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - Allegation that revenue officers hatched a conspiracy to facilitate fraudulent sale in discharge of their official duties - Before initiating any inquiry against public servants under the Act, prior approval of Government was a sine qua non and FIR could not have registered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Testimony of Panch witness - PW1 is a habitual panch witness, reason being his acquaintance with informant - He cannot tell even by approximation as to what crops were grown in the field where raid was carried out - Not only FIR but contents of panchnama..........
