Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 420, 465, 467, 471, 474, 34 -- Cheating - Fraudulent sale deed - Attesting witness to a sale deed cannot be dragged into a web of crime, if there is no other allegation except that he is an attesting witness - Proceedings against attesting witness quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Petitioner was 16 years and 7 months old on the date of crime - He was thus, a juvenile in conflict with law on the date of commission of offence - However, since petitioner raised the plea of juvenility first time in present writ petition and petitioner has served 12 years and 3 months..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Recovery of one computer and black coloured shirt effected from room of accused which was worn by accused during incident in pursuance of corroborations made in the light of CCTV footages of bank - All these seizure from room of accused indicates that he is sole miscreant who committed crime - Accused..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/s 3(2)(v) of SC/ST Act - Contents of FIR would show that it is a case based on suspicion - What is evidence that has been collected to connect crime to accused is required to be considered - Extra judicial confession is..........
