Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 302, 342, 323, 147, 148, 149 -- Murder - Eye witness/PW2 not named any of accused in FIR whereas, in his statement in Court, names of accused did occur in his testimony - However, PW2 did not attribute any overt act to accused - Other eye witnesses also did not name any of accused - Evidence of PW4 though indicate some role but that part of..........
Indian Penal Code, 1860, Section 307, 458, 323, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 307, 458, 323, 143 IPC and S.3(2)(V) SC/ST Act - Medical opinion that three injuries were not dangerous to life - I.O. found offence u/s..........
Indian Penal Code, 1860, Section 376(2)(i), 341, 323 -- Rape - Prosecutrix claimed that she was raped in the field which was recently watered and was slushy - If that fact was true, there would certainly have been mud stains on salwar of prosecutrix - However, I.O claims that salwar had mud on it, but admitted that said fact was not recorded by him in seizure memo - FSL..........
Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 341, 323, 34 -- Proclaimed offender - Offence u/ss 341, 323, 34 IPC - Petitioner was abroad when he was summoned with the aid of S.319 Cr.P.C - It was not in the knowledge of petitioner that he was summoned by trial Court - Moreover, parties have already compromised the matter and separate petition..........
Indian Penal Code, 1860, Section 376, 323, 342, Evidence Act, 1872, Section 9 -- Rape of 7 years old girl - Test Identification Parade (TIP) - Photograph of accused shown to prosecutrix by her father before TIP - Prosecutrix in her examinatio, i, chief not disclosed name of accused and even his physical appearance - She however, identified accused in Court - TIP cannot be..........
Indian Penal Code, 1860, Section 376, 323, 342 -- Rape of 7 years old girl - FIR does not give description of accused either in form of age or physique - Though accused was seen running from scene of occurrence holding his pant by PW1/father of prosecutrix, but he could not see face of person who ran after commission of offence - Even in identification parade, PW1 not..........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 323 IPC and S.3(1)(x) of SC/ST Act - Incident took place in the residential quarter of PW14, who is daughter of complainant - However, PW14 not supported prosecution case - Genesis of case is suppressed by prosecution - No..........
Indian Penal Code, 1860, Section 436, 341, 323, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341, 323 IPC - Compromise - Taking into consideration relationship of parties and factum of compromise between parties, sentence of imprisonment imposed on accused persons is modified to period already undergone by them - Accused acquitted...........
