Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Death by poisoning - Merely bald statements made by father of deceased which do not indicate any wrong doing on the part of accused - In the absence of any proximity between the alleged act of accused and suicide of deceased, ingredients of S.306 IPC are completely missing - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Indian Penal Code, 1860, Section 302, 323, 324, 341, 148, 100 -- Murder - Right of private defence - Six accused persons sustained injuries in the incident - However, said fact is concealed by prosecution from Court - None of PWs explained the injuries sustained by accused persons including fractures sustained by three accused - Complainant side have only sustained simple..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping - Accused allegedly kidnapped victim and also committed act of aggravated penetrative sexual assault upon her - However, statements of prosecutrix, her father, brother and village Sarpanch shows that..........
Indian Penal Code, 1860, Section 420, 406, 415, 418, 120B -- Cheating - Quashing of proceedings - Dispute regarding sale transaction between parties - There was no allegation of deception and intention to cheat complainant from the inception of transaction - Question of criminal misappropriation does not arise - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Compromise - Victim stated that she was forced to solemnize marriage against her wishes with accused - Physical relationship between accused and victim was thus, after said marriage - Moreover, now victim herself does not want to proceed further with the proceedings, as she stated that they have mutually obtained divorce..........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Reduction of sentence - FIR lodged in the year 2013 - Accused has suffered the agony of trial for more than 10 years - He is not involved in any other criminal activity after his conviction - No other criminal case is pending against accused - Out of substantive sentence of 1-1/2 years,..........
Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304 -- Bail - Offence u/s 304(Part I)PC - Accused is behind the bars since 16.2.2023 - Investigating agency has already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as out of 23 witnesses cited by prosecution, only one witness has..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
