Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - No medical evidence on record to sustain conviction u/s 323 IPC - As regarding offence u/s 341 IPC is concerned, since prosecutrix herself stated that she had gone to live with accused for 15 days of her own volition, no offence therefore, made out against accused u/s 341 IPC - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 363, 366A, 376, 323, 343, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 21, 29 -- Bail - Kidnapping and rape - Victim though was minor, was not of age that she did not understand the act involved - Age difference between accused and victim is about 4-5 years - Victim..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Indian Penal Code, 1860, Section 354A, 354D, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 354-D, 323, 504, 506 IPC and Ss.7, 8 of POCSO Act - Victim herself stated that some accident took place and that led to some altercation between parties, due to which parents of victim lodged report - This generates doubt..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 354, 34 -- Quashing of proceedings - Offence u/ss 498-A, 323, 506, 354, 34 IPC - Allegations of cruelty against wife as well as criminal intimidation apart from assault on women to outrage her modesty and voluntarily causing hurt - Offences are serious in nature - Prima facie case..........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Indian Penal Code, 1860, Section 354A, 354, 323, 452, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of woman - Accused already suffered jail incarceration for more than 2 months - Investigation is complete and challan has been filed - Accused is no more required for further custodial interrogation - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........