Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Attempt to rape - Victim not identified accused - Mother of victim not supported prosecution theory and turned hostile - There are contradictory statements even on point of calling police - No injury mark was found on the body of victim - Doctor opined that..........
Indian Penal Code, 1860, Section 498A, 306, 294, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Cruelty - PWs stated that since last three years, accused had been constantly beating and threatening deceased - This caused a lot of distress to her - Deceased committed suicide as she found this torture intolerable - Bail denied to petitioner...........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Murder - Recovery of mobile phone of PW7 - PW7 stated that his mobile was stolen or cheated - However, he never filed any complaint earlier - Even I.O not tried to have call details of mobile - Recovery held, doubtful...........
Criminal Procedure Code, 1973, Section 100(4), Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Recovery of jeep - Non-following of provision of S.100(4) Cr.P.C - Murder case - I.O received a secret information that one jeep is lying in abandoned condition - He recovered the jeep but I.O did not comply with provisions of S.100(4) Cr.P.C - Non-following of..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Conspiracy cannot be assumed from a set of unconnected facts or from a set of conduct at different places and times without a reasonable link...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Agreement to sell flat executed between parties - Dispute between parties is purely of civil in nature - It has no element of criminality - Continuation of proceedings is nothing but abuse of process of law - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
