Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354A, 354D, 452, 506, 34 -- Bail - Rape - Allegation of rape is against co-accused - It was co-accused who entered the house of victim on the date of incident and petitioner remained outside the house - Petitioner has been behind the bars since 2.4.2021 - Bail granted to petitioner...........
Indian Penal Code, 1860, Section 363, 143, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim categorically stated that she used to talk to accused on phone and both decided to marry each other of their own free will and volition - She left the house voluntary with accused and married each other voluntarily and started living together in..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........
Indian Penal Code, 1860, Section 420, 465, 468, 471, Passport Act, 1967, Section 12(1)(b) -- Cheating - Forged document - Motive to create forged document by accused is not proved - Prosecution agency has not referred said forged document before handwriting expert to verify it - Want of sanction is fatal to prosecution case and there is no sanction as per S.15 of Passport..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Penetrative sexual assault - Accused penetrated his finger in the vagina of the victim girl and because of that she felt pain and irritation in urination as well as pain in her body - There was redness and swelling around vagina found by doctor - Case of..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Penetrative sexual assault - Reduction of sentence - Accused was aged approximately 65 years of age at the time of commission of offence - He was neighbour of victim girl and took advantage of absence of her parents committed aggravated penetrative sexual..........
Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - PWs categorically stated that co-accused had not assaulted nor indulged in maarpeet - There is no allegation that they had threatened to kill deceased or complainant - Co-accused as per FIR version were not nominated either as aggressor or being present on the..........
