Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Criminal Procedure Code, 1973, Section 444 -- Discharge of surety - Court should not initiate criminal proceedings against surety when he seeks to discharge himself...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bail bond - Before a decision is taken to forfeit the bond, a hearing to the affected party is demand of natural justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 207 -- Supply of cloned copy of CD to accused - No prejudice is going to be caused to prosecution, if cloned copy of CD is provided to accused - Trial Court directed to provide a cloned copy of CD with contents of Digital Voice Recorder to accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Criminal Procedure Code, 1973, Section 155(4) -- Offence u/ss 504 & 506 IPC - Offence u/s 506 IPC (As In U.P.) is cognizable offence - Accused can be tried for both the offence in the manner prescribed for trial of cognizable offences...........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance - Amount of permanent alimony of Rs.6.5 lakhs was received by wife in full and final settlement and lifetime maintenance and decree of divorce by mutual consent was passed - Husband contracted second marriage and he is under an obligation to maintain his parents and second wife - When the amount of..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 338 IPC - Accused had sufficient notice of allegations of negligence against him during trial - There will not be any prejudice caused to him - Omission to frame charge u/s 338 IPC not fatal...........
