Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Delay of two days in filing the complaint cannot be said to be an inordinate delay particularly when victim is a child who is required to be carefully handled - Victim on the next day of incident conveyed such incident to her mother - In such circumstances, delay not fatal to prosecution case...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 19, Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Sanction for prosecution - Quashing of proceedings - CBI officers had cogent evidences against petitioners - FIR was registered after having a thorough investigation and charge sheet was filed in Court - CBI was not required to seek..........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Criminal Procedure Code, 1973, Section 173 -- Final Report - Complaint - When final report shows that a definite complaint lead to an enquiry by vigilance and FIR is based on report of such enquiry, prosecution is bound to prove said complaint which lead to crime and prosecution is also bound to examine complainant who made the complaint - Report of enquiry also must be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - FIR registered suo moto by a police officer on the basis of information received by him - Materials received by police officer, revealing commission of cognizable offence, must be proved by officer, who received the information...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 8 hours in lodging FIR - Dowry death is very sensitive matter involving close relatives and only after properly thinking over the matter, report is lodged with police - Thus, delay of 8 hours in lodging FIR is inconsequential and is not going to adversely affect the veracity of prosecution case...........
Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Murder - Motive - PW7 stated that he saw accused persons conspiring with one another about finishing deceased because he was not agreeing to remove his fruit Rehri from front of meat shop of accused - Neither PW7 was named in the FIR nor did he care to warn the deceased or his family members of conspiracy that he had..........
Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Murder - Medical evidence - Testimony of doctor PW1, who conducted medical examination of deceased, does not support prosecution story - PW1 stated that internal injuries of deceased may be caused by heavy stone but he did not clearly establish the same - More so, if incident occurred in the manner stated in the FIR,..........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - Murder trial - Confessional FIR of accused was not only delayed but was suspected to be ante-timed - Facts of said FIR remained disproved and hence it is not reliable - However, second FIR is not only devoid of material facts but lodged at police station having lack of jurisdiction - Even motive was not mentioned in..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in sending FIR to Magistrate can vitiate the investigation, but a cogent reasoning can override this procedural lacunae...........
