Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 354A, 511 -- Second anticipatory bail application - Attempt to rape of daughter by father - First anticipatory bail application was dismissed as withdrawn - Second anticipatory bail application filed solely on the ground that accused has come into possession of certain photographs which..........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Whether chain is gold chain or not, same cannot be reckoned, if in the course of an attempt to snatch chain, injury was inflicted, that constitutes an offence punishable u/s 393 IPC - Conviction upheld...........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Compromise - PW1 filed an affidavit stating that she has no further grievance in the matter and she does not want to ruin the friendly relationship her family had with family of accused - Offence in question is not a compoundable one - Therefore, said affidavit cannot be acted upon to absolve accused..........
Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Prevention of Money Laundering Act, 2002, Section 3, 2(1)(y), Indian Penal Code, 1860, Section 120B -- Money laundering - Criminal conspiracy - Offence punishable u/s 120-B IPC could become a scheduled offence only if conspiracy alleged is of committing an offence which is specifically included in the schedule to PMLA - Since, conspiracy alleged is of commission of..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Allegation that appellant failed to procure and supply the machine even after taking the advance money from complainant - But there is nothing on record to show that appellant had any ill intention of cheating or defrauding the complainant from the very inception - Transaction between the parties was purely..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim turned hostile and did not support prosecution case - However, in her cross-examination victim admitted that she was injured and taken to hospital - PW4 and PW6 are co-villagers and their presence at the time of occurrence was not challenged by defence - They are natural and competent witnesses who had seen..........
Indian Penal Code, 1860, Section 304B -- Dropping of charge u/s 304-B IPC - Death of deceased took place after more than seven years of her marriage with accused - Trial Court rightly dropped the charge u/s 304-B IPC...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
