Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311A -- Dishonour of cheque - Comparison of handwriting on cheque - Signatures on cheque not disputed by accused - Even if, writing on other portions of cheque is not in the hand of accused, it will not make any effect on merits of the case - Issue that is required to be adjudicated by..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Accused convicted in nine separate and distinct cases - All the convictions took place on same day - However, no specific direction was issued by trial Court within ambit of S.427(1) Cr.P.C so as to allow subsequent sentences to run concurrently - Sentences imposed on accused in nine..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Two witnesses of last seen turned hostile - Hostility of witnesses not a new ground for granting bail to accused...........
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that certain important questions were not put during course of cross-examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Petitioner failed to show that without recalling witnesses, Court is unable to deliver judgment - What is left out to be asked to said witnesses is also not stated in application - There is thus, no question of recalling PWs that too on an application made by accused after approximately two and a half years of..........
