Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape of married woman - Debatable question arises in the case as to whether it is a case of forcible sexual intercourse or consensual physical relations - Alleged call details simply suggest that there was exchange of calls between two telephones but whatsapp..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delay in lodging FIR - Delay of 13 days in lodging FIR - Prosecutrix had narrated the incident not only to her husband and other relations but to local people also - She is a working lady and it cannot be said that she was unaware of necessity to set criminal law into..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of married lady - Genesis of incident as narrated by prosecutrix suffers from inherent improbabilities and contradictions - Prosecutrix claimed that accused dragged her away from a thoroughfare while she was going to office - Though prosecutrix admitted that many people used road but no one came forward to corroborate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Petitioner is aged about 68 years, and is behind bars since last about 9 months and till date only 4 PWs out of 21 PWs has been examined - Since detention of petitioner will not serve any useful purpose as conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 509 -- Anticipatory bail - Outraging modesty of woman - Prosecutrix was harassed in 2017, but no report made by her in this regard - Alleged incident occurred in 2019 and report was lodged after one month - It is thus, a fit case for grant of anticipatory bail to accused - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of summoning order - Misappropriation of Streedhan - Prima face case is made out against accused as per material on record and looking into facts of case - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C - Petition dismissed...........
Indian Penal Code, 1860, Section 302 -- Murder case - High Court acquitted accused u/s 302 IPC on basis of proper appreciation of evidence on record which is a probable view - There is no perversity in findings of Court below - Acquittal upheld...........
