Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - No allegation of connivance between appellant and accused nor that he had instigated or helped accused in any manner, not to appear - Appellant being poor person and penalty of Rs.50,000 was on higher side - Amount of penalty reduced from Rs.50,000 to Rs.10,000...........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Victim stated that she was in talking terms with accused and had voluntarily left home as her family members have beaten her and electrocuted her - Mere being in talking terms with another person resulting in victim leaving home would not attract penal provisions - Material particulars and circumstances with regard to..........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Heated exchanges between families of both accused and appellant - There was no intention to abet or to cause any member of either family to take their own life when the appellant's family and victim's family had heated exchanges - These quarrels occur in everyday life and there was no instigation on the part of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - When accused was not known to victim previously, identification through a Test Identification Parade is of utmost importance - Failure to hold such parade is a serious lacuna that affects credibility of identification in dock for the first time...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
