Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Indian Penal Code, 1860, Section 448, 504, 506 -- House trespass - Father who had valid visitation right to meet his daughter, entered garbage van and met daughter - This is dubbed by wife to be a criminal trespass into the house with a criminal intent to intimidate daughter - No offence is made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Indian Penal Code, 1860, Section 302, 201, 148, 149 -- Murder - Complainant father of deceased is sole eye witness - Complainant not deposed anything as to why he had not tried to intervene and save his son - He neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim - He deposed that accused assaulted his son with a knife and iron..........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring a case within S.34 IPC, it is not necessary to prove prior conspiracy or premeditation - It is possible to form a common intention just before or during the occurrence...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Bullet was fired by A-3 as a result of which deceased lost his life - Even, without applicability of S.34 IPC, A-3 could have been convicted for offence punishable u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Testimony of eye witnesses are of a very sterling quality - Accused were together and were in the company of main accused/A-3 and they acted in concert - They were carrying lathi and A-3 was moving with a musket - There was time available for the meeting of minds - Thus, existence of common..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Occurrence took place in the night and lights of both the vehicles were broken and there was no source of light - It is thus, highly improbable that driver of other vehicle could identify driver of erring vehicle in the night - Driver of erring vehicle fled away from the spot - No..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
