Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 325 -- Omission to frame charge u/s 325 IPC - Not resulting in any failure of justice - Does not preclude Court from passing an order of conviction...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 53A -- Rape - DNA Test - Court can compel person male or female to submit for DNA test after incorporation of S.53A of Cr.P.C., DNA test of accused is unavoidable in case of rape...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506 -- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot..........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 34 -- Discharge of accused at the stage of framing charge - There is strong suspicion against involvement of accused in the crime - To discharge the accused at this stage on the available materials on record would amount to shutting the case of prosecution, which is yet to examine its..........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
