Criminal Procedure Code, 1973, Section 407 -- Transfer and consolidation of two cases - Both the offences relates to same chain of events and accused in both the cases are same - Filing of second FIR by police is thus, not proper - Same accused are being forced to face two trials and in two trials, evidence will have to be adduced separately - Since series of events..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of summoning u/s 319 Cr.P.C. Court has to see that there is a strong and cogent evidence against such person and not merely probability of his complicity...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Dacoity - Primary motive of accused persons was to retrieve specific institutional files/information and not to seek any wrongful gain - This, coupled with subsequent return of all property, a fact affirmed by complainant in his voluntary affidavit submitted before High Court as well as before Supreme Court, convinces that..........
Indian Penal Code, 1860, Section 376 -- Rape - Subsequent conduct of prosecutrix maintaining relationship with accused for 4 years after death of her husband, reveals that sexual relationship between them cannot be classified as rape...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Promise to marry - Promise to marry, without anything more, will not give rise to misconception of fact u/s 90 IPC - However, position will change if it is shown that accused, with view to elicit assent of victim, gave false promise of marriage without having intention or inclination to marry her, made victim submit..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Offence u/ss 9(m), 10 of POCSO Act - Victim was 4 years of age at the time of incident - She got frightened and did not even look at accused in Court room which is a pointer in itself - Whole sequence of events in course of recording of evidence of victim was tale-telling - Shock related to..........
