Indian Penal Code, 1860, Section 307, 34 -- Offence u/ss 307/34 IPC - As per allegation, accused bit thumb of injured - However, medical evidence that no abrasions were noticed on person of injured as a result of teeth bite - Evidence of eye-witnesses totally contradicted by medical testimony - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Stealing of mobile phone - Accused had lifted mobile phone from shop - However, there is no evidence that accused had stolen property by showing a knife - PW3 and PW4 are material witnesses to the incident - However, their testimony is inconsistent with each other - Testimony of PW5 also does not throw any light on the..........
Indian Penal Code, 1860, Section 217 -- Offence u/s 217 IPC - Order taking cognizance - Prima facie petitioner who was a senior Police Officer had deleted part of proposed charge sheet for offence u/ss 307, 308 IPC and had also deleted one of accused proposed by earlier I.O - Even, petitioner left out one accused from being made as accused while Magistrate has found him to..........
Indian Penal Code, 1860, Section 326, 325, 341 -- Nature of offence - Offence u/ss 326, 325, 341 IPC - Plea of Private Defence - Prosecution fail to offer explanation for injuries caused to accused - Accused given the benefit of right to private defence -However, he has exceeded the same - Offence alleged deserves to be toned down from Ss.326 to 324 IPC...........
Indian Penal Code, 1860, Section 324, 326, 100 -- Nature of offence - Right to private defence - Injury caused to injured on his leg caused by sharp weapon - However, prosecution did not make any effort to prove X-ray reports of injured by examining Radiologist - Grievous injury on leg of injured not based on any legal evidence - Accused also suffered a grievous injury on..........
Indian Penal Code, 1860, Section 489C -- Fake currency notes - Accused was in possession of 4 bundles containing 100 numbers of currency notes of Rs.1000 each amounting to 4 lakhs suspected to be fake and recovered from carry bag carried by accused - Though there are some discrepancies between evidence of PW1 in Court and FIR with regard to number of fake currency notes..........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Sale, purchase or receipt from any person or otherwise trafficking in counterfeit currency notes as genuine is a sine qua non of such offence...........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Expression `otherwise traffics in' would include any act undertaken by accused which would lead to circulation of notes...........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - No evidence that accused had sold, received or used any counterfeit notes - Moreover, no charge of transportation of fake currency notes has been framed - Accused thus, not called to answer a charge of `otherwise trafficking in' fake currency notes by transporting such notes through a public thoroughfare for..........
