Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Violation of bail condition - Accused 2 and 3 violated condition-1 of bail order by not surrendering their passports before jurisdictional court - Even, accused 2 violated second part of condition no:1 of bail order by going abroad without permission of Court - Cancellation of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 411 -- Benefit of probation - Offence u/s 411 IPC - Stolen motorcycle was recovered from appellant - It is first offence of appellant - Conviction of appellant upheld - However, appellant released on probation of good conduct...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Trial Court while acquitting the accused has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective - There are major contradictions, omissions and improvements in the statement of witnesses - Prosecution has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Mother of prosecutrix declared hostile, as she did not support prosecution case - Delay in lodging FIR not explained by father of prosecutrix - Prosecutrix and her parents themselves never fully co-operated with medical staff, thereby adversely impacting credibility of their version of events - Prosecutrix was 19 years..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
