Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession rightly disbelieved as same made in presence of persons with whom accused had not cordial relations - Prosecution has failed to produce any other evidence except so called extra judicial confession - Acquittal upheld...........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 302 -- Murder - Chance Witness - No explanation by witness as to why so early in the morning he had occasion to pass by the place of occurrence especially when distance between his village and place of occurrence is 1-2 miles and in different village - Nothing to show from where he started and where he headed for - There is inconsistency in..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of material witness - Son of deceased approached and narrated the incident of murder to a person, for being transcribed into a report - Said person was not examined - In absence of examination of such witness an adverse inference has to be drawn as to whether such a witness have been in picture at all -..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical Evidence - Bullet recovered from the blood oozing injury at the hip of dead body - Whereas, as per post mortem report, there were entry points of the shots fired at victim and corresponding exit points at abdomen and right thigh - Thus, it is highly improbable that still a bullet was found in the blood oozing injury..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Quashing of FIR - Compromise - Offence u/s 323 IPC and S.75 of JJ Act - Offence u/s 75 of JJ Act is not compoundable u/s 320 Cr.P.C - However, in the facts and circumstances peculiar to the case, prosecution qua..........
