Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Complainant died before trial as such he was not available for cross-examination with respect to facts which were in his knowledge as to demand of bribe and its payment - Contradictions between versions of PWs with respect to place of recovery of money - There were some deliberations before..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Triple murder case - FIR lodged within 2 hours of incident - Inquest reports were prepared at the place of occurrence by police after lodging of FIR - FIR discloses the time, date, place and manner of occurrence in the name of accused persons and witnesses - FIR not ante timed...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Non registration by police - Remedy lies u/s 156(3) Cr.P.C. and not u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 11 days in lodging FIR - Explanation that complainant was injured and there was no other person to assist her in lodging FIR - Delay not satisfactorily explained - Explanation offered is highly inadequate - Undue and unreasonable delay in filing FIR can throw a cloud of suspicion on the deeds of prosecution case...........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Time of recovery - As per statement of PW3, accused apprehended at about 6.15 pm at spot and DSP arrived at spot at 7.00 pm and after completing formalities of search, ruqa was sent to police station at 8.00 pm - But, said version contradicted by PW4, in his cross-examination..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 5 kgs heroin - Secret information - Non-compliance of provision of S.42 of Act - I.O on receipt of secret information immediately brought to notice to SSP and ruqa was immediately dispatched from the spot - Case was registered and FIR was delivered to area Magistrate within 3-1/2 hours and it..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the Doctor, which would have been a..........
