Indian Penal Code, 1860, Section 376, 451 -- Rape - Husband of prosecutrix denied the rape of his wife by accused and he stated that there was no commotion or shout of protest which he could hear in the house when he came back, on the date of alleged incident in question - Charges against accused not proved - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Criminal Procedure Code, 1973, Section 173(2), 2(d) -- Protest petition as complaint - Protest complaint can be entertained if Magistrate accepted report u/s 173(2) Cr.P.C and dropped the proceedings after granting opportunity to complainant - However, Magistrate does not even refer about final report filed in impugned order and whether any exceptional circumstances or any..........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Procuration of minor girl and rape - Victim had gone alongwith accused of her freewill - Other eye witnesses and victim did not raise any alarm, showing she was not taken away by force - Victim travelled and stayed with accused for..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Where stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge-sheet has gone, in that case also, Court is still not powerless by virtue of S.319 Cr.P.C and even those persons..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Evidence regarding exact date of birth of victim was not produced by prosecution - Evidence of approximate age cannot take place of proof of exact age - Conduct of victim depicts that she had voluntarily accompanied accused to different..........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
