Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused unintentionally admitted his culpability - Besides, prosecutrix being recovered from custody of accused, he admits to having established sexual intercourse and of having an intention to marry her - Evidence on record shows that accused induced prosecutrix to reach at a designated place to accompany him - Eye..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Reduction of sentence - Love affair between accused and prosecutrix - No force used in act of kidnapping - There was no pre-planning, use of weapon or any vulgar motive - Accused was 19 years old at the time of incident and now both accused and prosecutrix are in their forties and settled down in live with their..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murdered man found alive - 15 years long agony of accused - Deceased/son of complainant was found alive and was in touch with complainant - Police opined that FIR is liable to be cancelled as per SIT report and report filed u/s 173 Cr.P.C - Complainant filed protest petition - However, Magistrate on basis of report of..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Amicable settlement between parties and complaint u/s 138 of NI Act withdrawn - Proceedings u/s 174-A IPC cannot be permitted to continue...........
Indian Penal Code, 1860, Section 307, 323, 452, 34 -- Attempt to murder - Delay of 5 days in lodging FIR - Major omissions in FIR - Neither it is mentioned in FIR that A-1 was armed with country-made pistol nor it was mentioned that `D' was hit by a firearm - More so, despite the fact that alleged assailants were unknown to complainant, he neither described accused, nor..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 143, 430, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(S), 3(2)(va) -- Anticipatory bail - Offence u/ss 323, 341, 143, 430 IPC and Ss.3(1)(S), 3(2)(va) of SC/ST Act - No averments in FIR that offence in question was committed considering..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Deceased died unnatural death within 3-1/2 years of her marriage - Motive of offence is non-fufilment of demand of dowry - Accused is in jail since 2006 and has served out about 14 years and 4 months of sentence (without remission) - There is no special and rare feature attracting..........
