Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married lady - Prosecutrix engraved tattoo of name of accused on her forearm - Contention that tattoo was engraved forcefully rejected, as it is not easy to make a tattoo on forearm if there is some resistance from other side - As regarding allegation that prosecutrix..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Custodial death - Offence u/s 324 IPC can be compounded only with permission of Court...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence compoundable with permission of Court - Guiding factors - Nature of offence, and its affect on society are relevant considerations while granting leave by Court of compounding the offence - Offences which affect public in general and create fear in public in..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Merely suffering a loss by itself will not attract payment of compensation in terms of S.357-A Cr.P.C, simultaneous requirement of rehabilitation is also necessity - If no loss or injury is caused, there is no question of rehabilitation...........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - At the stage of considering bail application - Compensation is ordered to be paid by a Court only after a finding is arrived that the person, directed to pay compensation, has caused any injury by committing a wrong or has committed a breach of a legal obligation, be it statutory or contractual - To..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 336, 427 -- Quashing of FIR - Compromise - Offence u/ss 336, 427 IPC - Compromise arrived at between parties - Parties are next door neighbours - Parties patching up their differences and they have decided to live peacefully - No useful purpose would be served by continuation of trial - FIR along..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
