Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 306 IPC - Mere fact that deceased died unnatural death could not be sufficient to bring home charge punishable u/s 201 IPC unless prosecution was able to establish that accused persons knew or had reason to believe that an offence has been committed and have done something causing offence..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovered empty cartridge not fired from gun, which is said to be recovered at the pointing out of accused - Report of ballistic expert is not in favour of prosecution - It cannot be said that fire was triggered by accused to do away with deceased - Several material contradictions found in the evidence of alleged eye..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant is expected to allege that persons named in the complaint are in-charge of affairs of Company - It is only Directors of Company or Partners of Firm who will have special knowledge of role that they play in Company - Burden would be on Board of Directors..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory/regular bail - Directions issued to Registry for strict compliance viz.: (i) petition for anticipatory bail or regular bail should be appended with legible copies of complaint and FIR registered against accused - If accused fails to enclose copies of complaint and FIR, Registry should return the petition and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly - Crucial test has to be applied which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that evidence if goes unrebutted would..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Mere roaming along with any male other than husband does not constitute presumption of adultery against wife - There must be direct evidence to establish that she was seen in a compromising position or adultery with other than her husband then only charge of adultery can be said to have been established...........
Indian Penal Code, 1860, Section 354A -- Outraging modesty of woman - Sexually provocative dressing of a victim cannot be construed as a legal ground to absolve an accused from charge of insulting modesty of a woman, as right to wear any dress is a natural extension of personal freedom guaranteed by Constitution...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
