Indian Penal Code, 1860, Section 376, 323, 511 -- Rape - Eye witnesses of incident clearly narrated the occurrence - Neither enmity nor motive among witnesses, prosecutrix and accused - Prosecutrix had abrasions on her lip, nose and she had a nail mark on her right side cheek - Medical evidence also against accused - Defective investigation is not fatal to prosecution case..........
Indian Penal Code, 1860, Section 408, 468, 471, 477A -- Offence u/ss 408, 468, 471, 477-A IPC - Reduction of sentence - Accused is aged about 54 years and was affected by cancer and various ailments - Main accused forged the documents and accused colluded with him - But, there is no evidence for recovery of amount - Accused already paid fine amount imposed by trial Court -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Signatures on pronote and cheque admitted - No need to refer the matter for expert opinion...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353 -- Anticipatory bail - De facto complainant was attending an enquiry based on a complaint filed by a lawyer - It cannot be said that de facto complainant was in lawful discharge of his duty as a public servant at the time of incident of ill treating lawyer - Simply because de facto complainant..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Suspension of sentence during pendency of appeal - Accused has already completed nine months of actual imprisonment out of imprisonment of one year - Accused is entitled to relief u/s 389 Cr.P.C - Sentence suspended..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Identification of driver, driving the offending vehicle at the time of accident and manner in which accident had occurred disputed - From the material placed on record by way of evidence including statements of eye witnesses and site map, it cannot be said with certainty that accident had taken..........
Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant does not have any objection to accept settled amount and further he is ready to forego costs to be imposed - Permission granted to compound the offence u/s 138 of the Act - Accused acquitted...........
