Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Appeal against conviction - Compromise arrived at between parties and they amicably settled the disputes/differences between them - Compromise has been placed on record - Parties allowed to compound the offences in question - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
Indian Penal Code, 1860, Section 460, 467, 468, 471, Public Gambling Act, 1867, Section 13A -- Reduction of sentence - Offence u/ss 460, 467, 468, 471 IPC and S.13-A Gambling Act - Age of petitioner at the time of crime was 62 years and now he is more than 70 years - Maximum sentence to undergo by petitioner is 6 months - Considering the age of petitioner and maximum..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in course of sudden quarrel - Accused had not acted in a cruel and unusual manner - He hit on the head of deceased with a sabal and deceased died of such assault - Quarrel continued for some time and family members of accused joined in quarrel - Act of accused thus, fall u/s 304(Part..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Scientific evidence does not show finger of guilt towards accused - No fresh injury found on body of victim - Hymen of victim was old torn - Mere fact that medical evidence or scientific evidence does not show point of guilt towards..........
Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Evidence of victim - Victim was proved to be child on the date of incident within meaning of POCSO Act - She was giving two different versions regarding incident, which casts serious doubt about truthfulness of her version - Victim..........
