Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(n), 420, 406, 506 -- Summoning of additional accused - Rape case - Allegations levelled against proposed accused are general and vague in nature - Causal reference of their names without referring to the part specifically attributed to them by saying that they were supporting main accused,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - General and vague allegations levelled against proposed accused - Causal reference of their names that they had connived with main accused already arraigned or by saying that beatings were extended by them at their behest..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Instigation - Mere fact that husband or wife treated the deceased spouse with cruelty so also the word uttered in a fit of anger or emotion without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Deceased has only mentioned in the suicide note that he was upset with accused and her family members - No specific allegation has been leveled by deceased against accused in the suicide note - Even, if allegations as contained in the FIR and statements of witnesses are taken as it is even then it..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Compromise arrived at between parties - No accused has been declared proclaimed offender - Accused are aged about 45 and 46 years respectively and belong to poor strata of society - They are not previous convicts and suffering ignominy of trial for last more than 2 decades - Even, after..........
Indian Penal Code, 1860, Section 279, 338 -- Rash and negligent driving - Reduction of sentence - Case was registered in 2000 and it is almost 23 years that accused is facing agony of pendency of criminal proceedings - Accused has not committed any offence except the present one - He never misused the concession of bail granted to him during pendency of revision -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 324, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was earlier declared as innocent and he has already been summoned to face trial u/s 319 Cr.P.C - Conclusion of trial may take long time, as out of total 25 PWs only 9 have been examined - Bail granted to petitioner...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - For trial u/s 302 IPC, if a witness is branded as untrustworthy having allegedly twisted facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness...........
