Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Appellant serving as a Development Officer in the LIC had committed the offences and the contention that Act does not apply to him has no substance - Appellant held, guilty of offences in question - However, since the date of incident relates back to 2004 and appellant has spent a little..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Indian Penal Code, 1860, Section 300Exception, 1 -- Provocation - In order to invoke benefit of S.300 Exception 1 IPC, it must be established that act committed by accused was a simultaneous reaction of grave as well as sudden provocation which deprived him of power of self-control - If provocation is grave but not sudden, accused cannot get benefit of exception -..........
Indian Penal Code, 1860, Section 300Exception, 1, Evidence Act, 1872, Section 105 -- Provocation - Burden of proof - Where prosecution prima facie proves that act was committed by accused which had resulted in death of deceased and accused pleads that case falls within one of exceptions of S.300 IPC, it is for him to prove that...........
Indian Penal Code, 1860, Section 304PartI -- Offence u/s 304(Part I) IPC - Incident occurred at the spur of a moment - Act was not pre-planned or pre-meditated - Appellant had no weapon in his hands at the relevant time - He picked up a cement stone which was lying beneath the bridge and hit the same on head of deceased - Therefore, appellant did not take any undue..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against husband - Wife has made general accusations against husband without furnishing specific instances of misconduct - Neither any specific allegations nor any material have come on record to show a prima..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against father-in-law and mother-in-law - General allegations made against appellant which lacked specificity - Complainant has not provided any concrete details of dowry demands or acts of cruelty attributable..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325, 259, 34 -- Benefit of probation - Offence u/ss 323, 325, 259, 34 IPC - Prosecution has proved the charges against appellants beyond reasonable doubt - However, since it is case of causing injuries with lathi and iron rod and appellants have remained behind the bars for some time and..........
Indian Penal Code, 1860, Section 467, 468 -- False document - Neither fabrication of a false document nor act of forgery is discernible - Complainant themselves have not asserted that any document was forged - Offence u/ss 467, 468, not made out - FIR quashed...........
