Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 464, 466, 468, 469, 471, 166A, 120B -- Anticipatory bail - Cheating - Accused is a witness in a bribery case against complainant and he has already been interrogated by I.O on several occasions - One of I.O already granted clean chit to him - Without expressing any opinion on merits of case,..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304, 201 -- Delay in lodging FIR - Offence u/ss 304, 201 IPC - Complaint filed after 18 days of incident - No post mortem examination report on record to establish cause of death of deceased - Delay in lodging complaint gains significance...........
Indian Penal Code, 1860, Section 304, 201 -- Offence u/ss 304, 201 IPC - No post mortem examination report on record to establish cause of death of deceased - At the time of cremation 70-80 persons were present and nobody had raised any objection - Deceased was under treatment of doctors - This leads to inference that deceased was suffering from illness and was under..........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 21 -- Juvenile - Murder case - Quantum of sentence - Accused was a juvenile in conflict with law on date of incident - Presently, accused has crossed 63 years of age and already undergone about 9 months of imprisonment as under trial and partly as convict -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(d), 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4, 5m, 5n, 6, 7, 8, 9I, 9m, 9n, 10, 11, 12 -- Bail - Penetrative sexual assault on 6 years old minor girl - Contradictions in statement of mother of victim and victim - Medical examination does..........
