Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 13, 17, 18, 38, 39, Indian Penal Code, 1860, Section 120B, 121A, 125 -- Bail - Offence u/ss 13, 17, 18, 38, 39 of Unlawful activities Act and Ss.120-B, 121-A, 125 IPC - Ample material in investigation paper against applicant, from which, it can be said that applicant has..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Accused can be convicted on the sole testimony of prosecutrix provided it is reliable and trustworthy...........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Sole testimony of prosecutrix - Material contradictions found in testimony of prosecutrix - Even the manner in which alleged incident has taken place as per version of prosecutrix is not believable - Medical report and FSL report does not support case of prosecution - Land dispute between parties is going on - There is..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of PW1 - Deceased was sleeping with her two sisters including PW2 in a room, but PW2 had not seen person who caused homicidal death of deceased in the night - Testimony of PW1 not corroborated by PW2 - Unusual conduct of PW1 in not asking anybody available inside room, leaves enough room to suspect his motive..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Contradiction between medical evidence and ocular testimony of sole eye witness - Prosecution failed to provide any corroboration from any other source - Sole eye witness is not reliable - In such circumstances, absence of motive creates a dent - Accused has not attempted to maintain secrecy,..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that accused uttered defamatory and derogatory statements against Chief Minister of State which injured her credit and reputation in minds of public at large - However, statements are political digs taken by one party against other party in a political battlefield and it is not against any individual in..........
