Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - On basis of parity with co-accused - Case of accused is totally distinguishable from that of co-accused whose sentences have been suspended by Court - Accused is named in FIR along with his brothers, all of whom sitting in same jeep which was used in commission of crime - He..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3(c), 4 -- Penetrative sexual assault - Accused made an attempt to cause penetration - Act of accused cannot be termed as an aggravated penetrative sexual assault - No prior enmity between accused and parents of prosecutrix - Offence thus, fall u/ss 376, 511 IPC and..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Accused had undergone total sentence of 6 months and 16 days including remission of 20 days out of total sentence of one year and during his custody he was having good conduct in jail premises - No other criminal case is pending against accused - Since matter..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Injured sustained two injuries - One injury is on scalp of injured which is simple in nature and other injury is on his right forearm which is grievous in nature - Both the injuries were caused by hard and blunt substance - Some improvements were made by injured regarding injuries sustained by him - Trial..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 228 -- Offence u/ss 13(1)(d), 13(2) of Prevention of Corruption Act and S.120-B IPC - Prima facie after pursuing challan papers and study of evidence collected during investigation, trial Court committed no error in framing charge for..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement relating to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint by father of victim/wife u/s 498-A IPC is maintainable...........
