Criminal Procedure Code, 1973, Section 439 -- Bail - Probative value of material which is on record along with charge sheet cannot be considered at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim was a school going student and was missing for 2 days - No explanation as to why FIR lodged after delay of two days - Four miscreants were accused by victim but police charge sheeted only two accused - Age of victim was not ascertained - Without ascertaining age of victim accused..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Charge can be altered or added at any stage before judgment is pronounced...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
