Indian Penal Code, 1860, Section 302, 376, 379 -- Rape and murder - Remaining at spot for a long time after committing crime - Against normal human conduct - Bruises on upper part of penis of accused aged 25 years when prosecutrix was 35 years of age, not possible - Prosecution not able to prove unbroken chain of circumstances - Conviction set aside...........
Electricity Act, 1910, Section 39, 44, Indian Penal Code, 1860, Section 379 -- Electricity - Theft - Entire bill on account of theft deposited - No useful purpose will be served in continuing the criminal proceedings - FIR quashed...........
Indian Penal Code, 1860, Section 379 -- Electricity Act, 1910, Section 39 -Quashing of FIR - Theft of electricity - Meter was checked in the workshop and report given by laboratory of complainant department itself showing that no tampering of the meter glass and replacement is observed - FIR against petitioner liable to be quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), Indian Penal Code, 1860, Section 143, 379, 323, 452 -- Juvenile - Bail - Offence u/ss 143, 379, 323 and 452 IPC - Bail granted...........
Indian Penal Code, 1860, Section 379 -- Hire purchase agreement - Failure to pay instalments as per agreement - Taking back forcible possession by financier as per agreement - No criminal offence is made out...........
Indian Penal Code, 1860, Section 494, 494, 109, Criminal Procedure Code, 1973, Section 379, 401, 200, 202 -- Second marriage during subsistence of first marriage - Parents of second wife well informed in advance that accused was already married and his marriage was subsisting - In the facts it is reasonable ground to believe that second wife and her parents were well aware..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 120B, 379 -- Bail - Forged agreement - Validity of agreement subjudice in civil Court - Inordinate delay in FIR - Bail allowed on certain conditions...........
Indian Penal Code, 1860, Section 379, 447, 426 -- Co-sharers - Theft and trespass - Khasra Girdawari showing the land in self cultivation of co-sharers - When land is joint then every co-sharer has an interest in every inch of land and there can be no offence of trespass and theft by a co-owner - Continuing of complaint will be abuse of process of Court - Complaint..........
Electricity Act, 1910, Section 39, Indian Penal Code, 1860, Section 379 -- Electricity - Theft - Mere allegation of tampering of meter and control of accused over it is not sufficient - Presence of a perfected artificial means to render abstraction of energy possible must be established - Accused rightly discharged...........
Indian Penal Code, 1860, Section 120B, 201, 302, 364, 379 -- Conviction - Appeal against - Circumstantial evidence - PW 23 not able to identify accused either at identification parade or in Court - Facts disclosed by PW 5 not finding place in his report or in his statement to police - Deceased last seen in company of accused not established - PW1 and PW 25 declared hostile..........
