Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Deceased appeared to have died of compression over neck - Medical record clearly establishes that deceased had died due to external injuries, which could not have been a natural consequence of consuming paint, as alleged by accused - Presence of accused at the time and place..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 420 -- Cancellation of anticipatory bail - Offence u/s 420 IPC - Accused has not misused the concession of bail or violation of conditions - Merely because recovery of defrauded amount has not been made is insufficient, particularly when investigating agency had not sought custodial..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - School certificate has been produced to prove the age of victim - However, author of said certificate has not been examined and it is marked in the evidence of I.O. - I.O. has no personal knowledge regarding date of birth of victim - School certificate do not answer..........
Indian Penal Code, 1860, Section 366A, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Victim had not seen the appellant prior to the incident - On receiving the phone call from appellant she went to bus stand to meet him - How victim identified the appellant is not forthcoming - Victim went with appellant to his village..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Indian Penal Code, 1860, Section 498A, 34 -- Appellant husband of one of the sisters-in-law of deceased - Except general, vague allegation, no specific accusation was raised against appellant - None of prosecution witnesses had specifically deposed against appellant of his having committed any cruelty which will attract the offence u/s 498-A IPC - Being husband of one of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Drawer of cheque - Term `drawer' referred to in Ss.148, 143-A of the Act means `drawer of the cheque concerned'...........
