Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 357 -- Conviction u/s 302 IPC - Imposition of fine - It is not mandatory to impose fine in addition to substantive sentence of imprisonment for offence punishable u/s 302 IPC, though it is desirable to impose fine having regard to facts and circumstances of case and power conferred u/s 357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Ante-timed FIR - Murder - FIR lodged after deceased admitted to hospital and declared dead by Doctor - Promptness with which FIR was lodged by PW1 rules out the possibility of any deliberations and consultations or police interference having preceded lodging of FIR with the object of..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304II -- Discharge - Offence u/s 304-II IPC - Allegation that A-1 learning driving with the assistance of A-2 in a school playground and drove the vehicle in a rash and negligent manner and dashed against both the deceased and injured - Accused have knowledge that their act of driving vehicle in..........
Criminal Procedure Code, 1973, Section 374, 376, Indian Penal Code, 1860, Section 64 -- Appeal - Maintainability - Order of compensation - Compensation which is treated as a fine in terms of S.64 IPC and a direction for imprisonment in default of payment of such compensation is appealable u/s 374 r/w S.376 Cr.P.C., as it was a `sentence of fine' for the purposes of such..........
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 149, 147, 148, 504 -- Summoning of additional accused - Offence u/ss 307, 149, 147, 148, 504 IPC - Petitioners though made accused in FIR but no charge sheet submitted by police against them - PWs in their evidence at the trial, alleged active participation of the petitioners in commission of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354, 506 -- Compromise - Quashing of FIR - Offence u/ss 376, 354, 506 IPC - Prosecutrix stated that she has given consent for quashing charge-sheet as now she is married and she does not want to disclose said fact to her husband - Said ground is no ground to quash proceedings for such serious..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34 -- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused,..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 436 -- Delayed FIR - Delay of 5 days in lodging FIR - Offence u/s 436 IPC - Informant stated that delay occurred as no male member was present in house on date of occurrence - However, cumulative effect of evidence of PWs indicates that occurrence took place at noon and informant and his father..........
