Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Kidnapping - FIR filed due to misunderstanding on part of informant - Victim was not minor on the date of incident - She already entered into marriage with accused with her own independent decision and now they are leading a happy married life - Continuance of..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Informant submitted pure and simple missing report to Police officer - There is no allegation that person missing was kidnapped by anyone - There is also no report that person missing is under the age of 18 years or is of unsound mind - On the contrary age of missing person is reported to be 22 years - In such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender and registration of FIR u/s 174-A IPC - Report of process server that accused has shifted from the address given in the complaint - No evidence that accused was residing at the given address or that..........
Indian Penal Code, 1860 -Cruelty - Major contradictions in the statements of father and brother of victim in respect of demand of dowry - Even in FIR lodged by PW1, it is not mentioned that victim was subjected to cruelty or harassment by accused for demand of dowry - Offence u/s 498-A IPC not made out against accused - Accused rightly acquitted. (Paras 18 & 19)
Indian..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Heated altercations between accused and deceased took place at the spur of moment and when deceased was involved in altercation with wife of accused, accused suddenly came and inflicted axe blows to deceased - Nothing on record to show that there was any previous enmity between accused and deceased -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295A IPC - As investigation is complete and challan stands presented and charges are yet to be framed and it will take long time in conclusion of trial - Since petitioners are in custody for last about 4/5 months and maximum punishment for offence u/s 295A IPC is 3..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B -- Quashing of FIR - Offence u/s 379-B IPC - Illegal detention - Detention of petitioner till registration of FIR found to be illegal and he has suffered ignominy of subsequent judicial custody on basis of false implication, and which resulted into loss of self respect and dignity of a poor..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence - Where prosecution case is initially based on eye witness account but subsequently eye witnesses turned hostile, still conviction can be based on circumstantial evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
