Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 408, 467, 468, 471, 120B -- Bail - Cheating - Petitioner is involved in crime because she is mother of prime accused - Name of petitioner is not in the FIR - Only allegation against petitioner is that accused transferred Rs.17,624 to account of petitioner - Without commenting on merits of..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 35 -- Offence u/ss 363, 366-A IPC and S.4 of POCSO Act - School leaving certificate - Prosecutrix herself admitted her age to be 19 years old - Father of prosecutrix who is source of entry in school leaving certificate has admitted that..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Accused allegedly assaulted injured due to which he sustained injury on back below the neck - Said injury caused to injured by accused is suspicious - However, considering the fact that injury caused to injured is simple in nature, act of accused does not fall u/s 307 IPC, but would fall within purview of..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Sentence - Maximum sentence prescribed for offence u/s 323 IPC is one year - Since accused already suffered jail sentence of 2 years, he released forthwith if not required in any other case...........
Indian Penal Code, 1860, Section 149 -- Common object - There must be reasonable direct or indirect circumstances which lend assurance to prosecution case that they shared common object of unlawful assembly...........
Indian Penal Code, 1860, Section 302, 324, 149, 147, 148, 201 -- Murder - Common object - Accused was carrying no weapon and he did not assault anybody - Only evidence of his involvement is that he pointed to the house where deceased was hiding - Mere fact that accused was not brave enough to conceal where victim was hiding did not make him a part of unlawful assembly -..........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 45 -- Procuration of minor girl and rape - Determination of age of victim - School documents, available but not brought on record - Secondary sexual character well developed as per medical opinion - Doctor opined that victim was in..........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Procuration of minor girl and rape - Victim had gone alongwith accused of her freewill - Other eye witnesses and victim did not raise any alarm, showing she was not taken away by force - Victim travelled and stayed with accused for..........
