Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Matter between parties is of civil in nature - Petitioner is not involved in any other case - He is a person of clean antecedents - Petitioner is ready and willing to join investigation - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Potency test of accused is not essential to prove charge of penetrative sexual assault or rape, more particularly when there are other overwhelming evidences in support of charge of rape and there is also no claim from accused that he was incapable physically of..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Victim was already married - Appellant contended that some lenient view may be taken in the matter of sentence - Contention rejected, as minimum prescribed punishment was imposed upon appellant by Trial Court, therefore, no further..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against sisters of husband - Taunting wife on the ground of not being able to conceive cannot be taken as sufficient grounds for continuation of proceedings against petitioners u/s 498-A IPC and Ss.3, 4 of DP Act - Proceedings qua sisters of husband..........
