Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Incident is of year 2012 - Accused never misused the concession of bail granted to him - He is 28 years of age and he is the sole bread winner of family - Accused has already undergone 1 month 4 days of actual custody and has earned no remission - Sentence..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 34 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Custodial interrogation of petitioner sought only for recovery of Istridhan - Recovery to be made of Istridhan alone not a reason to deny anticipatory bail - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Driving a vehicle at a slow speed but recklessly and negligently, would amount to rash and negligent driving within meaning of language of S.279 IPC...........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Allegation that rash and negligent driving of tractors used for transportation of goods from Panba to Sannidhanam through trekking path causing threat to safety of pilgrims - However, it is for respondents 2 to 4 and also additional respondent no.5 to take necessary steps to ensure that movement of..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Misconception of fact - Simple promise to marry without anything more will not give rise to misconception of fact within meaning of S.90 IPC...........
Indian Penal Code, 1860, Section 366, 376, 419 -- Kidnapping and rape - Victim stated that she had gone with accused because accused proposed to her to marry and she had accepted the proposal - She had already attained sufficient maturity at the relevant time of occurrence - Evidence of victim girl failed to inspire confidence to the effect that she was ever kidnapped and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused in pursuance of orders of High Court joined investigation - Accused alleged not co-operating with the investigation process as amount of money is yet to be recovered but recovery of amount, in case of financial dispute between parties, is not a..........
