Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marriage and subsequent physical relationship between prosecutrix and accused with consent would not amount to rape...........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Cognizance of offence - Accused must be given an opportunity to be heard before Magistrate takes cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical error - Amendment sought from `Desi Ghee (Milk products)' to `milk' - Amendment sought when examination-in-chief of complainant had concluded and cross examination was pending - Considering stage of trial no prejudice will be caused to accused - Actual facts have..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
