Indian Penal Code, 1860, Section 302, 392, 397, 34, Arms Act, 1959, Section 25 -- Murder - Weapon of offence not exhibited before Court - Bald testimony of police official about recovery of weapon and its use in two crimes - Cannot be taken to be admissible...........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Petitioner a writer aged about 90 years in an interview explained as to why he has not chronicled lives of members of SCs - He did not have any intention to hurt anyone let alone members of SCs - By no stretch of imagination remarks of petitioner be construed as an intentional insult to such a degree as to..........
Indian Penal Code, 1860, Section 363, 366, 376D, 342, 120B -- Kidnapping and rape - Prosecutrix was running about more than 18 years of her age at the time of incident - It is not clear by prosecutrix how she came in company of accused and how accused branded a knife on her in order to abduct her - Prosecutrix stated that she was kept confined in a Jhuggi for two days,..........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B -- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34 -- Attempt to murder - Non-examination of I.O. - It is not the sound principle of law that there should be examination of I.O. in order to prove its case at the end of the prosecution - However, the Court has to see, whether the prosecution has succeeded in substantiating its case even in absence of I.O. - But, if it..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Deceased studied in Class 7th clearly named petitioner in her suicide note and stated that behavior of both of her teachers was not good and they used filthy language with her in class - Even there are statements of other witnesses on record which..........
Indian Penal Code, 1860, Section 420, 468, 471, 323, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie neither any offence of cheating nor preparation of any forged documents is disclosed against accused - Predominately, dispute between parties appears to be civil nature which is being adjudicated in civil suit filed by..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
