Indian Penal Code, 1860, Section 302 -- Murder - Proof - Accused and deceased were having illicit intimacy, came and stayed together at Shivanand Ashram in Dehradun - On next morning, deceased found dead in room - Chunni used in commission of crime along with key of room recovered from accused - Medical evidence corroborated prosecution story - Held, circumstances leaving..........
Indian Penal Code, 1860, Section 404 -- Dishonest misappropriation of property possessed by deceased person at time of his death - Accused misused A.T.M. Card of deceased after taking same in his possession from her belongings - Since code number of card was written with pencil on back, accused was successful in withdrawing Rs.20,000/- from account of deceased - Pictures..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 15 cases - Concurrent running of sentence - Three different corporate entities - Sentence in cases dishonour of cheques relating to single loan transaction shall run concurrently - However, this concession is not applicable when borrowing company..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Power u/s 319 Cr.P.C. is to be exercised by trial Court very sparingly and in exceptional circumstances and only where evidence is of such a nature which is likely to result in conviction of the person so summoned...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - For the purposes of S.319 Cr.P.C., the courts are required to apply stringent tests - One of the tests being where evidence on record is such which would reasonably lead to conviction of the person sought to be summoned...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang Rape - Prosecutrix not medically examined - Accused convicted on the basis of other cogent evidence - Medical examination not significant as prosecutrix was not young and her allegation corroborated by her husband and neighbour - Allegation consistently made in her petition to Governor and in her deposition in Court -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
Arms Act, 1959, Section 27, Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Proof - Accused persons alleged to have killed deceased by firing on his head in tussle for being agent of Maxi Stand - Accused persons took defence of false implication and also pleaded that deceased was a criminal involved in number of cases - Prosecution witness, in whose tea..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Conviction - Validity - Accused persons alleged to have killed deceased by strangulating him with help of lathi - Incident occurred in a dark night - Theory of holding torch by witness appears to be inserted in his Court evidence as same did not find place in case..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - Appellants alleged to have kidnapped prosecutrix on her way to school and raped for 8 days - Delay of 6 days in lodging FIR in spite of fact that father of prosecutrix came to know about incident in evening of same day - Medical report does not show any marks of injury on her body - Radiologist..........
