Indian Penal Code, 1860, Section 504, 506 -- Offence u/ss 504, 506 IPC - Incident took place between son of injured/PW2 and accused - Witnesses of fact not supported story of prosecution - Findings of appellate Court acquitting accused is not perverse as same are basically based on statement of PW2 who is son of injured - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Constitution of India, 1950, Article 32, Indian Penal Code, 1860, Section 420, 405, 506(1) -- Special leave petitions - Locus standi - Order of quashing of complaint - Cash-for-job scam - Appellants who were more meritorious but did not get selected on account of being edged out by candidates who paid money and got selected are also victims of alleged corrupt practices and..........
Indian Penal Code, 1860, Section 420, 405, 506(1) -- Cash-for-job scam - Compromise - Quashing of proceedings - Persons who have adopted corrupt practices to secure employment fall under two categories i.e those who paid money and got selected and those who paid money but failed to secure employment - If persons belonging to second category are allowed to settle their..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
