Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 408, 467, 468, 471, 120B -- Bail - Cheating - Petitioner is involved in crime because she is mother of prime accused - Name of petitioner is not in the FIR - Only allegation against petitioner is that accused transferred Rs.17,624 to account of petitioner - Without commenting on merits of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 34 -- Permission to travel abroad and release passport was dismissed - Offence u/ss 420, 406, 120-B, 34 IPC - Court is required to draw a balance between right of petitioner to travel abroad and also right of prosecution to duly prosecute petitioner so as to prevent him from..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder and conspiracy - Proof - Accused while in jail hatched criminal conspiracy with co-accused and committed murder of deceased by firing gun shot and blasting bomb - Conspiracy by accused not proved, as though wife of deceased deposing about threats given by accused to kill his husband in..........
Indian Penal Code, 1860, Section 363, 368, 376, 120B -- Kidnapping and rape - Doctor who examined prosecutrix has categorically mentioned that it cannot be opined that there was sexual intercourse with prosecutrix and that there was rape committed - Vaginal smear did not show any spermatozoa - FIR was lodged belatedly - There were contradictions which were not minor in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 302, 120B -- Anticipatory bail - On parity basis - Absconding accused - Dowry death - Allegation against mother-in-law of deceased - Specific allegation on record accusing mother-in-law of deceased of paying a key role in alleged offence - Conduct of accused absconding for more than 2 years..........
Indian Penal Code, 1860, Section 427, 447, 506, 120B, 34 -- Offence u/ss 427, 447, 506, 120-B, 34 IPC - Offence by company - Chairman, Managing Director, Executive Director, Deputy General Manager, Planner and Executor cannot automatically be held vicariously liable for offence in question, unless there are specific allegations and averments against them with respect to..........
