Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 8, 18 -- Recovery of 9.700 kgs of opium - Prosecution failed to exhibit Muddamaal in self same condition as cartoon in which gunny bag containing seized contraband was placed neither bore signature of accused nor case number was mentioned - Moreover, neither any inventory was prepared u/s 52-A of the Act..........
Indian Penal Code, 1860, Section 489(C) -- Fake currency notes - Currency notes in denomination of Rs.500, which was found to be fake, is proved from statement of PW2 and PW4 - Recovery from accused was proved to be fake currency as per report of RBI - Charge u/s 489(C) IPC is proved against accused - Accused rightly convicted - Since accused already undergone 3 years R.I..........
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25 -- Murder - Eye witness/PW10 to the incident though stated that he saw accused assaulting deceased but said statement of PW10 not find place in his diary statement - Not even a whisper is there in his diary statement that incident took place in his presence - Improvement resorted to by PW10 and..........
Indian Penal Code, 1860, Section 302, 306, 120B -- Nature of offence - Murder of wife and there children by consuming poison - Illicit relationship of accused with 2 woman - There is a possibility that deceased being annoyed with accused with regard to accused illicit relationship and took extreme step of committing suicide and before doing so gave poison to her children -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal prosecution u/s 138 of the Act, is neither for recovery of money nor for enforcement of any security etc. - It is a penal provision, commission of which offence entails conviction and sentence on proof of guilt in duly conducted criminal proceedings...........
Indian Penal Code, 1860, Section 309, Evidence Act, 1872, Section 3 -- Attempt to commit suicide - Appreciation of evidence - There is no evidence on record that accused tried to commit suicide by causing injury to himself - Even, prosecution has not examined any witness to show that under what circumstances he was found by police - Moreover, in absence of any specific..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
