Criminal Procedure Code, 1973, Section 439, 437(7) -- Bail - Fifth bail application - Offence u/ss 376(1), 366, 511, 506 IPC - Sexual assault by Government servant on promise of providing Government job to prosecutrix - Prosecutrix has not supported the prosecution case as she denied the alleged allegation against accused and stated that name of accused was mentioned by..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Dying declaration - Deceased was taken to police station just after the occurrence so there was no occasion for any tutoring or prompting - No doubt she must be bleeding profusely due to injuries sustained by her but only on this count her statement and FIR cannot be discarded as unreliable -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, scandalous and malicious allegations made in written statement by husband - Has the effect of causing deleterious effect on the mind of wife and is the worse form of cruelty which is sufficient to grant decree of divorce to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Offence of murder committed by husband resulting in life imprisonment, has caused immense pain, agony and apprehension in the mind of wife that it is unsafe to live with him anymore which is sufficient to dissolve marriage on ground of cruelty - Moreover, husband also treated wife with cruelty by..........
Evidence Act, 1872, Section 25 -- Recovery of silver bangles and anklets - Statement given by accused `S' that he had given the old silver bangles and old silver anklets belonging to deceased to PW8 cannot be read against him as said statement was given by him during his police custody - Recovery held not proved against accused `S'...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles on the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400/- -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information was sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles in the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400 -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence on record proved that husband was guilty of treating wife with utmost cruelty as he not only physically assaulted her and her daughter but also gave her mental pain by threatening her and pressurizing her to fulfill his illegal demands - Husband not even came forward to refute the allegations by..........
