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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 16 -- Bail - Offence u/ss 363, 366-A, 120-B IPC and Ss.6, 16 POCSO Act - Petitioner is a lady who alongwith her 9 months old child is behind bars for almost a year - Since, prosecution evidence is yet to commence,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred at the spur of moment and was a fall out of an altercation over excavation of a mound by brother of accused - Son of PW1 intervened in the course of altercation and was fired at resulting in a single fire arm injury leading to his death - Eye witness account of occurrence was based..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
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..........
