Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 376-D, 450, 506 IPC and S.6 POCSO Act - DNA profile not matching with petitioner - Even, petitioner is in custody since April 2019 and no useful purpose will be served by keeping him in further..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Indian Penal Code, 1860, Section 302 -- Murder - Two gunshot injuries - Statement of eye witnesses self contradictory - Nothing on record to show that accused was carrying gun and he has used gun for commission of offence - There is no seizure of any gun from accused - Accused specifically has taken plea of alibi and that he was not at the place of incident and his..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 380, 411 -- Delay in lodging FIR - FIR lodged after lapse of about 15 hours from alleged time of incident - Explanation for such delay in lodging FIR is that informant had gone to some relative - Informant however, stated that he got FIR inscribed by one `S' at 4 P.M next day from the date of..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Testimony of eye witnesses - Police station is situated only at distance of 11 km and police got no information about incident even though it has been claimed that two eye witnesses saw the incident in midnight - Even village chowkidar did not inform about the incident - Both the eye witnesses kept silent and did..........
Indian Penal Code, 1860, Section 302, 380, 411, Evidence Act, 1872, Section 8 -- Murder - Motive - FIR lodged against unknown persons - No motive is alleged in FIR - Deceased has been killed by cutting his neck separate from body and several injuries were caused on his body - It is strange that on a quarrel on such trifling issue of grazing field, crime will be committed..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Discovery of sickle and tube well band at the instance of accused - Discovery was made before three public witnesses and out of three only one was examined - There is no mention in FIR that any tube well band was stolen - Even, PW1 has not identified tube well band to be his own which was stolen during his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused dealt Budia (sharp cutting weapon) blow to deceased while she was coming with them and out of fear they left spot - PW7, doctor who conducted post mortem examination opined that injuries caused to deceased might have been caused by Budia - All the three PWs are related but no hostility is proved between accused and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused have taken a sum of Rs.8 lacs from complainant for purpose of sending son of complainant abroad - However, receipt and one agreement relied upon by complainant is disputed by accused - Even otherwise, contention that accused had undertaken to pay money..........
