Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Circumstantial evidence - Prosecution stated that there were foot marks of shoes/footwear of accused near the house where incident took place - Prosecution took the moulds of foot marks as deposed by PW6 - Footwear/shoes of both the accused were taken into custody in the presence of PW6 - But the shoes of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Indian Penal Code, 1860, Section 180 -- Offence u/s 180 IPC - S.180 IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making statement to sign...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Indian Penal Code, 1860, Section 376(1), 90 -- Rape of married woman - Consent - Prosecutrix was a married woman having her husband and children - She was fully aware of fact that accused was also a married man - Prosecutrix having sexual relationship with accused on many occasions - She stayed with accused in a room in a hotel - Consent given by prosecutrix is not under..........
