Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Petitioners summoned with aid of S.319 of the Cr.P.C - Since trial is already proceeding pursuant to filing of charge sheet, it is certainly not a case where any custodial interrogation of petitioners is required - Bail granted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Cognizance of offence - Direct allegation on record that death was caused due to assault by accused and others - Though same does not find corroboration from medical evidence only to extent that doctor did not find any external injury on person of deceased and no poisonous substance was found during forensic examination..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - In the Court entirely new story developed which is inconsistent to the FIR - Both are contradictory - Statement of PW1 is not wholly reliable - Statements of PW4 and PW2 are also not inspiring confidence - There is no evidence as to how deceased was cremated - There is no recovery of any instrument or weapon of offence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of prosecution witness found credence upon recovery of weapons as per disclosure statement of accused persons - Testimony of witnesses and complainant clearly establishing death of deceased due to injuries sustained by him - Guilt of accused established beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 379, 149, 148 -- Murder - Sole testimony of eye witnesses - Parity with co-accused - If deposition of eye witnesses are not reliable qua one of accused and he is acquitted by giving benefit of doubt, same benefit ought to have been given to other accused also, unless there is some further material/evidence against other accused - Since..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- -Anticipatory bail - Rape of married woman - No medical evidence on record to support the case of complainant - Even documents on record suggestive of likelihood of a money dispute - It would be travesty of justice to send petitioner behind the bars - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Indian Penal Code, 1860, Section 376 -- Rape - Fact that victim of rape is habitual to sex cannot be a valid defence against act of rape...........
