Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Statement contained in FIR furnished by one accused cannot be used against another accused...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Confessional FIR - Confessional FIR made by accused is inadmissible in evidence against him, except to extent that it shows he made statement soon after offence, thereby identifying him as maker of report, which is admissible u/s 8 of Evidence Act - Additionally, any..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Non-confessional FIR - Non-confessional FIR is admissible against accused as admission u/s 21 of Evidence Act...........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
Criminal Procedure Code, 1973, Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Bail - Record shows that till date, warrant whether bailable or non-bailable, has not been issued, therefore, merely issuance of summon by order against the applicant would not come within the premises of apprehension of being arrested by the police - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Petitioner/surety was penalized without providing any rightful opportunity of hearing - No notice was served upon petitioner - By erroneously recording absence of petitioner despite notice, trial Court penalized him for an amount of Rs.30,000 which is not sustainable in law - Impugned order set aside..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Defence of son that there are other children to maintain mother and therefore he need not pay maintenance is not tenable in a petition filed u/s 125 Cr.P.C by mother against her son - Even if other children are not maintaining or even if they are taking any negative attitude, it is duty of son to look..........
