Criminal Procedure Code, 1973, Section 228, 240, Indian Penal Code, 1860, Section 420, 417 -- Charge - Framed u/s 420 IPC - During trial charge u/s 417 IPC proved - Accused can be convicted u/s 417 IPC as offence u/s 417 IPC is minor offence as compared to one u/s 420 IPC...........
Indian Penal Code, 1860, Section 500, 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Scathing attack by accused on the character and conduct of complainant - Defences available to accused with which he can justify such an allegation, cannot be gone into while exercising jurisdiction u/s 482 Cr.P.C. - Even if the imputations are covered by Exception 9 of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376(2)(f) -- FIR - Delay - Rape and murder - Delay in lodging FIR in a case of sexual offence is not at all fatal as parents and members of the family of the victim of rape, etc. show their reluctance in going to Police Station/Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 34 -- Anticipatory bail - Demand of dowry - Allegations in FIR vague and general pertaining to items etc. - Applicants plea of false implication and that no prima facie case is made out - Fit case to extend benefit of S.438 Cr.P.C...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 156(3) -- Offence u/s 494 IPC - It is a non cognizable offence - Magistrate cannot direct investigation u/s 156(3) Cr.P.C. - Cognizance of offence u/s 494 IPC can only be taken on complaint made by person aggrieved...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/s 498-A IPC - Not a continuing offence for purposes of creating territorial jurisdiction - If no part of action pertaining to the allegations regarding commission of offence u/s 498-A IPC has arisen in the territorial jurisdiction of a Court then that Court has no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 504, 506, 325, 379 -- Bail cancellation - All except offence u/s 379 IPC bailable - In bailable offences accused has a right of bail - As regards offence u/s 379 IPC no specific role against accused in FIR - No wrong exercise of discretion in granting bail - No allegation of..........
Criminal Procedure Code, 1973, Section 439, 48, Indian Penal Code, 1860, Section 324, 352, 506 -- Bail - Granted in an offence us 324, 352 & 506 IPC - Death of victim - Offence converted to S.304 IPC - Accused has to apply for fresh bail - High Court passing an order u/s 482 Cr.P.C. directing accused to continue to remain on bail - Order set aside - High Court cannot..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - FIR - Delay of 2 days in lodging FIR - Prosecutrix 13/14 years of age - Father of prosecutrix was out of station and retuned home after two days when FIR was lodged - Held, delay is explained - Even otherwise, merely on account of delay in lodging FIR, the prosecution..........
Criminal Procedure Code, 1973, Section 95 -- Forfeiture of book - Exercise of power by Govt. - Held, requirement of passing an order of forfeiture of a book, presupposes that the book contains any matter publication of which is punishable u/s 124-A or S.153(A) or 153(B) or 292 or 293 or 295A of the IPC, for the State Govt. to declare that every copy of such book be..........
