Indian Penal Code, 1860, Section 420, 120B -- Cheating - All the accused in connivance with each other have cheated the bank by submitting cheques of accounts in which there was no balance or without any submission thereof and entries by bank officers in the books of account showing them to be pending for clearing and giving credit to account holder/accused - Accused..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Distinction - S.34 IPC requires active participation and prior meeting of minds, whereas S.149 IPC assigns liability merely by membership of an unlawful assembly and has a wider scope than S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common intention - Mere common intention per se may not attract S.34 IPC without action in furtherance of such common intention...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention of accused was never established by prosecution to connect them with crime charged - Deceased died of multiple injuries - Prosecution failed to establish for two accused `R' and `M' as to which injury is inflicted by which accused on the deceased, which resulted in death - Moreover, in the absence..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Sole testimony of prosecutrix - Complainant/father of prosecutrix turned hostile - Once the statement of prosecutrix inspires confidence and accepted by Court, conviction can be based upon solitary evidence of prosecutrix and no further corroboration..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor - Age of victim not proved - DNA profiling of child victim and that of accused did not match - Except DNA test not fortifying the prosecution case, no further investigation was taken up to establish the identity of perpetrator of offence - Victim failed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused on receipt of legal notices within 15 days not paid the amount towards discharge of liability qua cheque in question - Complaint was filed within one month of lapsing of 15 days after receipt of legal notices - Accused not raised any probable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment of year of cheque - Year of cheque wrongly mentioned in notice, complaint and in evidence recorded - In a complaint of dishonour of cheque date is a relevant aspect based on which entire aspect relating to issue of notice within time frame as provided in the Act and..........
