Indian Penal Code, 1860, Section 304A, 304(Part II) - - Eye witnesses stated that accused while driving has on three occasions hit the deceased/child and on each occasion accused indifferently and repeated her act on two more occasions by hitting the child - Conduct of accused could have been prima facie accepted to be that of rash and negligent act, if accused would have..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused and deceased - Accused dragged deceased from verandah to village road and under a jack fruit tree he again picked up quarrel with deceased - When others started to disengage them from further quarrel, accused became aggressive and gave a blow by means of a wooden stick on the..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and rape - Victim is a major and she eloped with accused in a preplanned manner and in order to make out a case of her abduction she has implicated other accused as well - No allegation against accused that they abducted victim to compel her to marry any person against her will or she was forced or seduced to..........
Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - For holding a person guilty for commission of offence of possession of counterfeit currency notes, prosecution is required to prove that counterfeit currency notes were forged and accused person was having knowledge or reason to believe the same to be forged or counterfeit...........
Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - Mens rea - Neither there are allegations that fake currency notes were used by accused nor said currency notes have been offered to anybody - Prosecution failed to prove mens rea on part of accused as required by S.489-C IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and mother of petitioner have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Indian Penal Code, 1860, Section 379A, 365, 411, 341 - - Quashing of FIR - Offence u/ss 379-A, 365, 411, 341 - Repossession of hypothecated car on interim order from arbitrator - No illegal act has been done by petitioners as they after obtaining legal interim order from arbitrator, pursuant to terms and conditions of the loan agreement took possession of hypothecated car..........
