Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Incident is of year 2012 - Accused never misused the concession of bail granted to him - He is 28 years of age and he is the sole bread winner of family - Accused has already undergone 1 month 4 days of actual custody and has earned no remission - Sentence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Age of accused is 61 years and out of seven cheques which were issued, six cheques were honoured and only one cheque amounting to Rs.35,000/- had bounced - Accused had already remained in custody for a period of more than 01 month out of his sentence for six months and about 21 years has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c) -- Recovery of 300 gms opium - I.O proved on record prosecution story leading to recovery of opium from possession of accused - PW3 had given evidence with respect of taking of sample parcel and sample seal of office of Chemical Examiner and also to the effect that same was not tampered while in his..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is discretionary and not mandatory...........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Grant of - Not mandatory - Court can grant interim compensation on the following parameters viz. (i) Discretion to be exercised in a thoughtful and sagacious manner; (ii) Order so passed to be on worthy reasons as to (a) on account of deliberate delays, being made by the accused,..........
