Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 164A -- Gang rape - Medical examination of prosecutrix - Prosecutrix examined through private hospital as she was bleeding profusely and if attendants would have taken her to government hospital there were chances that she would have collapsed due to excessive bleeding - Moreover, there is..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of FIR - Matrimonial dispute - Compromise arrived at between parties - Though offence u/s 498-A IPC is no, compoundable offence, but there should be no impediment in quashing of FIR u/s 482 Cr.P.C., if Court is otherwise satisfied that facts and..........
Criminal Procedure Code, 1973, Section 357(3), Indian Penal Code, 1860, Section 304A, 279, 338 -- Compensation - Offence u/ss 304-A, 279, 338 IPC - Grant of compensation with a direction that same should be paid to person who has suffered any loss or injury by reason of the act for which the accused has been sentenced has a different contour and the same is not to be..........
Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471 -- Bail - Offence u/ss 409, 420, 467, 468, 471 IPC - Petitioner being Sarpanch of village abused his authority and position and misappropriated sum of Rs.4 lacs which was for distribution amongst old age pensioners of village - Relevant document reflecting signatures of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 419, 429, 467, 468, 471 -- Cancellation of bail - Applicant miserably failed on two counts that any material fact has been suppressed or trial Court has granted bail without going into merits of case - No ground disclosed for interference - Application dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Offence u/ss 498-A, 354, 506 Part-I IPC - Case does not entail a direction for transferring investigation from State police/special team of State Police Officers to CBI - Facts and circusmatnces in which offence is alleged to have been committed can be better investigated into by State police..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - FIR u/ss 307, 34 IPC and S.25 of Arms Act - Charge-sheet not filed within stipulated period of 90 days - Petitioner filed application u/s 167(2) Cr.P.C. on account of default on prosecuting agency in filing charge sheet - Mere fact that subsequent thereto charge sheet was filed by State, right accrued in..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Prosecutrix changing her version again and again and giving false statement in Court - It is still to be decided as to which part of the statement is false - Proceedings drawn by trial Court u/s 344 Cr.P.C. shall proceed in accordance with law - Conviction of..........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
