Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Appellant `R' assaulted deceased on the head with stone in presence of PW1, PW2 and PW5 and their evidence proved beyond doubt about act of appellant `R' - Although in postmortem report cause of death has not been specified with respect to a particular injury but on a plain reading of postmortem report it can..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Identification and participation of other appellants other than `R' in assault has not been proved beyond reasonable doubt by prosecution - Conviction and sentence of appellants set aside...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Identification of accused - If an accused is not named in FIR, his identification by witnesses in Court should not be relied upon specifically when they did not disclose name of accused before police - But to this general rule, there may be exceptions...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
