Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape of married woman - Prosecutrix is a married lady with two children from her marriage - DNA samples were not collected in the case - Petitioner is in custody since July 2019 and prosecutrix has already been examined coupled with fact that trial is not likely to be concluded in..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Discharge - Complainant is a past master in filing complaints, as he had lodged another FIR on similar allegations and accused therein given a clean chit and complainant has been brought to book u/s 182 Cr.P.C - Moreover, Addl. Sessions Judge had passed order of discharge in very detail and well..........
Ranbir Penal Code, 1989, Section 341, 383 -- Offence u/ss 341, 383 RPC - Quashing of FIR - Compromise - Parties have settled their dispute amicably out of their own free will and without any external pressure or coercion - Offence in question does not fall within offences of heinous nature of mental depravity - Even complainant has no objection if FIR is quashed - FIR..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Appeal against acquittal - Leave to appeal - Civil dispute between parties - Ingredients of criminal offence were not established on record - Even civil suit for possession was filed by complainant and suit was decreed - Grievances of complainant has been properly addressed - No infirmity in impugned order of..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Use of paper cutter as a weapon in committing robbery on neck of victim, which could be fatal is sufficient to terrorize a victim into yielding under fear of an injury, which invites punishment u/s 397 IPC - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Addition of charge u/s 406 IPC and Ss.3, 4, 6 of Dowry Prohibition Act - No specific allegations with regard to entrustment of property and also misappropriation of same by A-1 to A-3 - In absence of any material both the Courts below have..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death due to strangulation - Accused and deceased had a quarrel on fateful day over domestic issue - Thereafter accused slapped and manually strangulated his wife to death - Intention of accused to commit murder of deceased is there - Accused is liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation on mother-in-law - Motive attributed to A-2 in FIR arising out of her alleged immoral conduct is not proved at all - Although, it may be possible that A2 was present at the place of occurrence as her alibi does not inspire confidence, her culpability in factual matrix of case, appears to be tenuous as deceased..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Accused killed deceased in the field believing her to be a wild boar - He immediately went to surrender himself before police after he discovered that he shot a woman - Accused had no intention of causing death - There is no premeditation to kill deceased - However, accused acted in haste without taking due..........
