Criminal Procedure Code, 1973, Section 439, Medical Termination of Pregnancy Act, 1971, Indian Penal Code, 1860, Section 312, 313 -- Illegally aborting a child - Accused in jail for 5 months - Bail allowed...........
Drugs and Cosmetics Act, 1940, Section 17, Criminal Procedure Code, 1973, Section 438 -- FIR under S.17 of Drugs and Cosmetics Act - Offence u/s 420 IPC added subsequently - For contravention of provisions of Drugs Act complaint lies before Magistrate and no FIR is to be registered - Anticipatory bail allowed to accused...........
Criminal Procedure Code, 1973, Section 438, Drugs and Cosmetics Act, 1940, Section 7, 17A, 17B, 18, 27, Indian Penal Code, 1860, Section 420 -- Pre-arrest bail - Offence u/ss 17/17A/17B/18/27 of Drugs and Cosmetics Act and S.420 IPC - FIR lodged - S.18 provides that in case of contravention of the provisions of the Act, complaint is to be filed by the Drug Inspector with..........
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 405, 406 -- Revolver deposited with arms dealer who unauthorisedly sold the same to third party - Proceedings for criminal breach of trust instituted - Seizure of revolver from third party - Death of arms dealer during pendency of trial and consequent abatement of criminal proceedings - Held, on..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 395, 302 -- Murder and dacoity - Conviction by trial Court and acquittal by High Court - Evidence of independent eye witness cannot be discarded merely because two other witnesses who were closely related to deceased turned hostile - Appellate Court to interfere only when there are compelling..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Undue delay in lodging FIR without acceptable evidence - Contributes doubt in the prosecution case...........
Criminal Procedure Code, 1973, Section 178(C), 178(D), Indian Penal Code, 1860, Section 498A -- Demand of dowry - Jurisdiction - Marriage took place at Jaipur - Accused came to Mathura and demanded dowry - Court at Mathura has jurisdiction to try offence...........
Criminal Procedure Code, 1973, Section 198A, Indian Penal Code, 1860, Section 498A, 323, 353, 147, 504, 506 -- Demand of dowry and harassment of wife - Father of the aggrieved woman filed the complaint - Father is empowered to institute complaint - No illegality in proceedings...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Conviction u/s 307 IPC - Parties compromised - Parties belonging to the same village in nearby houses and having adjacent lands - Litigation going in for 10 years - Sentence reduced to already undergone (4 months)...........
Indian Penal Code, 1860, Section 143, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Collection of goonda tax from shopkeepers - However, no evidence of any victim - Total evidence was that of police officials - Held, when there is absolutely no evidence of any victim about the offence committed by the petitioner, the charge sheet does not stand as such the same..........
