Indian Penal Code, 1860, Section 366A, 341 -- Procreation of minor girl - Conviction - Validity - Accused persons alleged to have kidnapped victim, confined her for three days and raped her - Doctor who medically examined victim opined that she was aged about 14-15 years - Prosecution case appears to be highly unbelievable for reason that victim did not raise any alarm for..........
Indian Penal Code, 1860, Section 366, 341 -- Kidnapping and wrongful restraint - No allegation of molestation of prosecutrix by appellant - No injury on any part of body detected in medical examination - No allegation in regard to forcible sexual intercourse - Recovery of extra set of wearing apparels showing that prosecutrix having love affair with appellant - Doctor..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 327, 341 -- Quashing of proceedings - Parties compromised - Complainant does not wish to pursue criminal proceedings against petitioner - Since offence happens to be more of private nature rather than pubic one, hence, criminal proceedings u/ss 327, 341 IPC quashed...........
Criminal Procedure Code, 1973, Section 340, 341, 195, Delhi High Court Act, 1966, Section 5, 10 -- Letters Patent (Del.), Cl.10 - Perjury - Letters patent appeal - Maintainability - Held, expression "other than High Court" appearing in S.341 Cr.P.C. would not disable aggrieved party to prefer Letters Patent Appeal, if it is otherwise maintainable, under other statutes and..........
Criminal Procedure Code, 1973, Section 340, 341, 195 -- Letters Patent (Del.), Cl.10 - Perjury - Letter patent appeal - Maintainability - Held, decision taken on application filed u/s.340 Cr.P.C. involves only formation of opinion as to whether or not complaint should be filed - At stage of formation of such opinion Court does not exercise criminal jurisdiction - Thus,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Indian Penal Code, 1860, Section 341, 323, 504 -- Quashing of proceedings - Delay of 9 days in lodging FIR - Plea of being hospitalized not supported by any material on record - Sharp weapon injury on face alleged but said allegation not supported by medico legal report - No external injury revealed in medical examination - Statement patently concocted and not worthy of..........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 341, 323 -- Appeal against acquittal - Magistrate after hearing parties on question of sentence, instead of sentencing opposite party Nos.2 and 3 to any punishment released them after due admonition - Dispute between parties is of trivial nature - Alleged occurrence is said to have taken place..........
Criminal Procedure Code, 1973, Section 341, 340, Order to -- Order to file complaint and prosecute accused - Appeal thereagainst - Maintainability - Held, right of an accused or a person against whom an order u/s 341 or 342 is passed will accrue only when a complaint is actually filed - Appeal is not maintainable...........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased -..........
