Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix stated that she called accused to her home and they went away and got married in temple - They both stayed together and only after complaint was lodged, FIR was noted, prosecutrix came back - Prosecutrix had conceived and she gave her statement that police official read over what she had mentioned - Prosecutrix has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Allegation that accused forcefully raped victim and she became pregnant and gave birth to child - Evidence on record fails to inspire confidence on the aspect of blood withdrawal of accused for purpose of DNA profiling - Victim appears to be closeting actual..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Reduction of sentence - No allegation against accused that at the time of accident he was under influence of liquor or any other substance impairing his driving skills - It was a rash and negligent act simpliciter and not a case of driving in an inebriated..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Denial of - Investigation of case is still in progress - Documents are restricted to only S.207 Cr.P.C - On receipt of such documents if so advised, petitioner would be at liberty to take out an application u/s 173(8) Cr.P.C, which is in seisin of..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Rape case - Detailed analysis of facts as done by I.O by drafting opinion to give discharge to accused, without allowing prosecutrix/prosecution to examine or cross-examine would in fact lead to presumption in such type of cases of certain incidents..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Accused not disputed his signatures on cheque in question - Prima facie there is no fact proved on record to rebut presumption in favour of holder of cheque - Defence raised by accused seems to be an afterthought and did not inspire confidence to both the Courts..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Indian Penal Code, 1860, Section 307, 34 -- Nature of offence - Deadly weapons used causing injury near chest and stomach which can be said to on vital part of body - Accused rightly convicted for offence u/s 307 r/w S.34 IPC...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prosecution examined 10 witnesses and out of which there are two injured eye witnesses - Both of them have supported case of prosecution - Even other PWs are consistent in their statements and have fully supported case of prosecution - Testimony of PWs is not doubtful - Accused held, guilty of offence in..........
