Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint filed by second wife against husband and her in-laws is not maintainable...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Empty cartridges found at the spot were not fired from rifle issued to accused as per ballistic expert report - This is indicative of presence of some other rifle also - Prosecution evidence is silent as to whose rifle it was - Moreover, if accused were to use their rifle to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Testimony of PW3, PW6 and PW15 - Neither PW3 nor PW6 identify any of accused - They did not depose that three policeman involved in the crime were those who were facing trial - Testimony of PW3 and PW6 is not of much help to prosecution case - As regarding testimony of PW15,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Reasons for allowing maximum compensation of 20% not given - Without there being any reason to award maximum compensation, order cannot be considered to be passed after due application of mind - Impugned order set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
