Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Court below rightly rejected application moved by accused as the same is subject matter of trial after prosecution evidence is led, defence evidence will be examined - Even, mediation has already been failed between the parties and..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused was known to prosecutrix and consequently latter could not have suspected his evil intention when he initially entered the house - Suddenly, accused caught her and gagged her mouth and raped her - Thereafter, accused threatened prosecutrix by saying that he kept secret machine in the room and would kill her and her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Identification of dead body on basis of photographs and apparels of deceased - Dead body was taken out from well, which was completely mutilated and body was beyond identification - Identification of body from photographs not possible - However, from the tag of tailoring shop found on..........
Indian Penal Code, 1860, Section 354B, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Offence u/s 354-B IPC and Ss.8, 12 of POCSO Act - Examination of Defence witness - Accused wants to place other FIR on record and examine its maker as a witness, as subsequently another FIR was lodged by mother of accused - It is neither a cross case that it..........
Evidence Act, 1872, Section 35 -- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the official i, charge, which alone would make it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Factum of death owing to accident in question deposed by PW1 and PW2 but they not cross-examined on this aspect by defence - It is thus, u, rebutted and uncontroverted and same is to be taken with intact evidence - Moreover, on basis of PWs as well as formal exhibits proved by I.O as well as..........
