Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Sudden Provocation - Mere refusal of the victim/wife to accompany the accused does not constitute sudden provocation...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Pre-mediated attack - Although the accused did not fire a second shot, he brought a pistol, waited at the gate of the office of victim and fired a single shot from closed range before fleeing the scene, leaving the victim bleeding - Accused planned a proper attack...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Domestic violence - Marital relations should be seen as a aggravating factor, and not a mitigating factor, in the offences of domestic violence where accused has the intention to kill...........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Indian Penal Code, 1860, Section 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Rape - Last seen evidence - Failure of accused to provide plausible explanation regarding intervening raises strong suspicion, but in absence of evidence connecting accused with commission of offence u/Ss. 376(2), 377 IPC renders his conviction u/Ss. 376(2)(f), 377 IPC unsustainable in eyes..........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 106 -- Kidnapping - Last seen evidence - Prosecution established fact that accused had taken prosecutrix aged 3 years, from custody of her mother and thereafter not returned her back home - Even, accused failed to offer any plausible explanation regarding what transpired during intervening period till..........
Indian Penal Code, 1860, Section 350, 349 -- Criminal force - Act of snatching a file, throwing same onto table and hit a plastic chair on floor, will not attract definition of criminal force, as there is no criminal force used against any person, nor is there any intention to use force to cause or knowing it to be likely that by such force he will cause injury, fear or..........
Indian Penal Code, 1860, Section 353, 350 -- Assault - Criminal force as contemplated u/s 353 IPC means criminal force exercised against a person and not against an inanimate object or substance...........
