Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder case - Recovery of bottle of pesticide - Purchase of bottle of pesticide by accused prior to commission of offence has been established and proved by prosecution by examining PW58 and PW60 - Said bottle of pesticide was recovered from the place of occurrence - PW58 and PW60 fully supported case of..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
