Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354A, Information Technology Act, 2000, Section 67A -- Discharge - Offence u/s 354-A IPC and S.67-A of I.T Act - Posting of obscene message through social networking site in account of defacto complainant - Plea of alibi as claimed is a question of fact which may be agitated in the course of trial..........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Offence u/ss 498-A, 306 IPC - Where a young lady aged 25 years died by committing suicide leaving behind a ten months old child, mother of deceased may suffer a state of mental confusion when struck by such a tragedy - Issues relating to their safety and custody often require higher priority - Mother of deceased..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore..........
Indian Penal Code, 1860, Section 420, 467, 468, 470, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Allegation against accused is that he furnished false information or has not furnished correct information regarding his children while contesting election - Furnishing false information before a public servant cannot be equated..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such..........
Indian Penal Code, 1860, Section 186, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 186 IPC - Complaint that Government administration was disrupted for half an hour - Merely disruption of Government administration without mentioning that public servants were obstructed voluntarily from discharging their public functions would not attract S.186 IPC - Complaint..........
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 186, Criminal Procedure Code, 1973, Section 482 -- Complaint - Offence u/s 186 IPC - Quashing of complaint - Complaint filed under signatures of SHO of concerned police Station - Power to file complaint could not be delegated to SHO - Complaint should have been initiated at the instance of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Rape case - Prosecutrix on first possible opportunity disclosed only name of accused and she did not say anything about presence of any other person - Subsequently, prosecutrix named two additional accused - Names of additional accused were kept in Column 2..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 423, 467, 468, 471, 506 -- Bail - Cheating and forgery - Nature and gravity of offences - A simpleton disciple was duped by spiritual Guru of his valuable landed properties on the pretext of curing mental ailment of his son - At the time of transaction, disciple had an impression that it was..........
