Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Deceased husband routinely abused, beat and insisted wife for unnatural sex - Deceased was suffering from depression and Obsessive Compulsive Disorder (OCD) - He had a clinical history of abnormal behavior and also had suicidal tendency and..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Matter between parties is of civil in nature - Petitioner is not involved in any other case - He is a person of clean antecedents - Petitioner is ready and willing to join investigation - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Potency test of accused is not essential to prove charge of penetrative sexual assault or rape, more particularly when there are other overwhelming evidences in support of charge of rape and there is also no claim from accused that he was incapable physically of..........
