Indian Penal Code, 1860, Section 420, 34, 406, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 5, 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 34, 406, 120-B IPC and Ss.5, 6 Prize Chits and Money Circulation Scheme (Banning) Act - Petition to quash FIR and proceedings - FIR indicates a dispute between the complainant and..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused raped prosecutrix when she went in his house to buy beedi and when she went after 5-6 days, she was again raped by other accused - No evidence that prosecutrix was less than 16 years at the time of incident - Delay of 3 months in lodging FIR not explained - Prosecution version that accused raped in the room when her..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegations that accused came to the house of father-in-law and finding his wife alone, hacked her to death - Material discrepancy in the version given in the FIR and the statement made by the complainant in Court - Recovery of weapon from the pond not at the instance of the accused - Relation between two..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused persons shot fired at deceased with their respective weapons - Testimony of eye witnesses not contradictory with medical evidence - FIR lodged promptly - Non sending of blood stained earth for chemical examination a mere negligence on the part of I.O. - On exhortation of main accused only other two accused fired at..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of Criminal proceedings - FIR lodged on allegations that accused allegedly abducted victim girl and during her alleged captivity, committed rape on her - Veracity of allegations is to be seen at trial after recording of evidence - Court cannot embark upon any exercise of enquiry, while exercising..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Bail - Allegations of abduction and rape - Petitioner, apart from seeking quashing of FIR, also sought bail, alleging that he belongs to a far-flung area of Ladakh and is only bread earner of his family and his continued incarceration has pushed his family to starvation - Petitioner granted interim bail..........
Criminal Procedure Code, 1973, Section 156(3) -- Order of investigation u/s 156(3) Cr.P.C. - Investigating agency cannot transfer FIR to another police station on the premise that the offence had been committed beyond its territorial jurisdiction...........
Indian Penal Code, 1860, Section 468, 471 -- Criminal and civil proceedings - Complainant alleging mortgage deed in his father's favour - Redemption deed allegedly forged by accused - Complainant filed FIR under Section 468 and 471 IPC - Complainant also filed civil suit seeking declaration of title but failed - In view of findings of civil court, accused acquitted of..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 13 years - Delay of 9 days in lodging FIR - Held, delay insignificant - It is normal reaction of girl, who has been raped forcibly, to narrate incident after she is sufficiently consoled - Minor prosecutrix could muster courage only after 9 days to narrate the incident to her mother when she was sufficiently..........
Insurance claim -- Repudiation - Vehicle theft - Tractor was left unattended and stated to be stolen - Theft of tractor took place on 1.9.2002 FIR was recorded on 14.9.2002 i.e. after fourteen days and intimation to the Insurance Company was given on 17.10.2002 - Thus there was inordinate delay on the part of the complainant - No claim is payable to the complainant -..........
