Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Unnatural offence - Victim and her father retracted from their previous statements while appearing in witness box - No purpose is going to be served by subjecting accused to custodial interrogation at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Recovery of stick and scorpio do not implicate accused, as no blood stains have been found on the stick - No incriminating material whatsoever has been recovered from scorpio - None of recovered articles were established to be connected with alleged crime - No evidence on record that deceased was last seen near the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Indian Penal Code, 1860, Section 406, 504, 506 -- Offence u/ss 406, 504, 506 IPC - Criminal proceedings - The proprietor of the supplier firm and his father issued summons for trial under Sections 406, 504 and 506 of the IPC - The allegation of criminal intimidation against the accused is made in the complaint statements made by the appellant, no particulars thereof have..........
Indian Penal Code, 1860, Section 406, 504, 506 -- Offence u/ss 406, 504, 506 IPC - Criminal proceedings - The proprietor of the supplier firm and his father issued summons for trial under Sections 406, 504 and 506 of the IPC - The allegation of criminal intimidation against the accused is made in the complaint statements made by the appellant, no particulars thereof have..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence does not support prosecution case more particularly, injury report and supplementary report - Chain of circumstantial evidence found to be incomplete - Accused rightly acquitted...........
