Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va) -- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him -..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not..........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
Indian Penal Code, 1860, Section 304B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Dowry death - Appeal against acquittal - Burn injuries - Deceased admitted to hospital but died next day - No effort made to take her dying declaration - Doctor who treated deceased at Mussoorie, Dehradun and Delhi not examined - It was..........
Indian Penal Code, 1860, Section 354, 341, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Outraging modesty of woman - Accused allegedly stopped prosecutrix, caught hold her hand and demanded sex from her - Accused admitted the allegations in the meeting which was convened - Merely on the ground that prosecutrix was a member..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
Indian Penal Code, 1860, Section 302, 364, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Triple murder - Circumstantial evidence - FSL report, post mortem report and other documents along with statement of PW27 a conclusion is drawn that evidence led by prosecution and recovery of articles was in presence of independent..........
