Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape of married woman - Debatable question arises in the case as to whether it is a case of forcible sexual intercourse or consensual physical relations - Alleged call details simply suggest that there was exchange of calls between two telephones but whatsapp..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delay in lodging FIR - Delay of 13 days in lodging FIR - Prosecutrix had narrated the incident not only to her husband and other relations but to local people also - She is a working lady and it cannot be said that she was unaware of necessity to set criminal law into..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Petitioner is aged about 68 years, and is behind bars since last about 9 months and till date only 4 PWs out of 21 PWs has been examined - Since detention of petitioner will not serve any useful purpose as conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 173(2), (8), 156, 210 -- Further investigation - When a protest petition seeking further and proper investigation is pending at the instance of complainant, propriety demands that I.O must refrain from submitting final report till Magistrate issues direction on pending petition/complaint filed by complainant - Alternative course..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Merely by making an aspersion is not sufficient to prove grave allegation of adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to deceased son who died during pendency of proceedings - Liability of father - Son died in a road accident during pendency of proceedings - Father's liability to maintain son continued from date of order till date of his death and thus, liable to pay maintenance to mother as maintenance allowance for son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Mere status as unmarried daughter whatever be a religion does not entitle her to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Father's liability to maintain daughter is limited till date she attained majority, unless her inability to maintain herself is attributable to her physical or mental abnormality or injury...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation that wife is deriving income or living in adultery not proved by husband, as he had not mounted to box and let in any contra evidence - Oral testimony of wife stands uncontroverted - No material to prove that wife has any avocation to maintain herself - Family Court rightly awarded maintenance..........
