Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Indian Penal Code, 1860, Section 392, 395, 397, 376, 324, 354, 354A, 120B, Evidence Act, 1872, Section 3 -- Dacoity - Appreciation of evidence - There is no evidence with regard to knowledge of accused about prior crimes allegedly committed by other persons - Even, one of the accused `M' in his confessional statement has clearly explained that accused permitted him and his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(d), 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4, 5m, 5n, 6, 7, 8, 9I, 9m, 9n, 10, 11, 12 -- Bail - Penetrative sexual assault on 6 years old minor girl - Contradictions in statement of mother of victim and victim - Medical examination does..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 509, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(DA) -- Quashing of FIR - Compromise - Offence u/s 509 IPC and S.3(1)(DA) of SC/ST Act - Parties have settled their dispute amicably - There is no possibility of accused being convicted in case pending..........
Indian Penal Code, 1860, Section 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Theft of sand - Quashing of proceedings - Person can be prosecuted for offence u/s 379 IPC on the allegation of illegal mining in view of S.22 of 1957 Act, as offence u/ss 4, 21 of 1957 Act is..........
Indian Penal Code, 1860, Section 354A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 354-A IPC and S.3(2)(va) of SC/ST Act - Offence u/s 354-A IPC is bailable offence and offence u/s 3(2)(va) of SC/ST Act for allegedly having committed said IPC offence in Schedule to said Act, will also be a bailable offence, so..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder case - Eye witness to the incident not appearing in trial Court to give evidence despite repeated directions by Court - Injuries attributed to co-accused who is already enlarged on..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Plea of alibi - Victim aged about 15 years was confined in a room for a month by petitioners and two other co-accused and continuously gang raped by them -..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
