Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - On medical grounds - Petitioner is 67 years old and has spent nearly a year and three months in custody - S.45(1) Proviso of the Act specifically contemplates that a person who is sick or infirm may be released on bail if Special Court so directs - Based on medical evaluation as provided by Medical team,..........
Prevention of Money Laundering Act, 2002, Section 4, 44 -- Offence u/s 4 of the Act - Bail - Scheduled offence was not in existence when complaint u/s 44 of the Act was filed - Considering the long period of incarceration and continuation of custody of accused will be violation of their right u/art 21 of Constitution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 7, 11, 12 -- Bail - Offence u/ss 7, 11, 12 of 2002 Act - Trial of case has not even started - Admittedly, there are 85 witnesses - Accused has been incarcerated for more than 2-1/2 years - Accused cannot be solely faulted for non-commencement of trial - Bail granted to accused...........
Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Illegal gratification - Discharge - Charge sheet contains no allegation against accused to connect him with payment - Except for the bald allegation of participation in alleged conspiracy without giving any details of conspiracy, accused has been roped in the charge..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Person from whom accused demanded illegal gratification was not examined before trial Court, as he could not be traced during the trial - In the absence of said person, factum of demand which is sine qua non of offence u/s 7 of the Act is not proved beyond..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Proceedings under SC/ST Act - Video recording - Even, a proceeding seeking registration of FIR would be covered by expression `any proceeding' used in Dr.Hema Suresh Ahuja case - Video recording hearing of Criminal Appeal allowed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Caste based remarks were not made by accused in public place - Thus, without such preliminary evidence, offence u/s 3(1)(x) of the Act is not substantiated - Order taking cognizance quashed...........
