Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Allegation that accused 2 and 3 were sending accused 1 away from India - However, not a single allegation in complaint showed that accused 2 and 3 subjected complainant to cruelty..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - When a claim is raised that an accused was juvenile on the date of commission of offence, Court is required to make an enquiry, take evidence and to determine age of person - Thereafter to record a finding whether person is a juvenile or a child stating age as nearly as may..........
Criminal trial -- Conviction on the basis of photocopies of letters - Photocopy of document in absence of original is not admissible - Accused acquitted...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Report of a voluntary narco-analysis test with adequate safeguards as well in place or information found as a result thereof, cannot form sole basis of conviction of accused...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Accused has a right to voluntarily undergo a narco-analysis test at an appropriate stage - Appropriate stage for such a test to be conducted is when accused is exercising his right to lead evidence in a trial - However, there is no indefeasible right with accused to undergo a narco analysis test...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - At the stage of considering bail application of an accused, evidence led by prosecution cannot be meticulously examined - It is only if from a cursory look at the evidence recorded during trial of case it is possible to frame an opinion that accused is not guilty..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued cheque to complainant in discharge of a legally enforceable debt - Cheque issued by accused was dishonoured due to insufficient funds in the account of accused - In spite of service of notice, accused failed to pay the amount covered by cheque - Conviction upheld...........
