Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Sentence - Offence in question occurred nearly 16 years ago and petitioner was approximately 35 years old at the time of incident - Petitioner has no criminal antecedents subsequent to his involvement in case - Sentence set aside - Imposition of fine of Rs.500 adequately serves the interests of justice...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant not denied his signatures on Pronote and Receipt - Defence of defendant is that pronote is forged and fabricated - However, defendant admitted that he had not moved any complaint before any police authorities or any other higher authorities against plaintiff for alleged forgery and fabrication of..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheques were issued on 5.12.2011 for an amount of Rs.13,50,000 - However, a period of more than 13 years has elapsed since then, but despite the reference of matter four times for mediation, petitioners were unable to settle the same and even after time was taken from High..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - No allegation of rape was ever brought by victim against A-2 and A-3 - Victim stated they were only present during alleged incident - Since case of kidnapping or rape has not been proved against him as such A-2 acquitted...........
