Indian Penal Code, 1860, Section 120B, 364, 302, 201, 34 -- Murder - Abduction - Circumstantial evidence - co-accused is implicated on the disclosure statement of accused that co-accused hatched a criminal conspiracy in order to extract ransom - on alleged disclosure statement of accused one revolver, one slip and two live cartridges recovered - Evidence of witness stated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complainant alleged that accused availed loan from him and agreed to pay the same in monthly installment but the cheque issued for payment is dishonored - Accused took plea that the complainant had got his signatures on the blank cheques and other papers but no loan amount was disbursed to him - Absence..........
Criminal Procedure Code, 1973, Section 378, Negotiable Instruments Act, 1881, Section 138 -- Dishonor of Cheque - Appeal Against acquittal - Complainant and accused in lieu of some business venture exchanged the blank signed cheques - Complainant has not produced any evidence except the cheque in question to prove he has given any loan to accused - Accused has produced..........
Criminal Procedure Code, 1973, Section 378(4), Negotiable Instruments Act, 1881, Section 138, 139 -- Appeal against acquittal - Dishonour of cheque - Enforcement of debt - Presumption - Accused produced oral as well as documentary evidence that accused entered into business agreement with person A and both of them exchanged their two blank signed cheques - Complainant in..........
Criminal trial -- Acquittal of co-accused who abetted the crime and instigated main accused to kidnap the child not to be taken into consideration for acquitting the main accused as there is no reason how acquittal of co-accused would affect the case of main accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Accused took plea that blank cheque was issued to finance company when he took loan of small amount and which is already repaid but cheque was not returned on pretext that same has been misplaced - The cheques bearing serial numbers subsequent to serial number of cheque in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Recovery of 34 kgs. Poppy husk - Inspector had neither produced accused nor case property before SHO at relevant time - Provision of S. 52 of NDPS not complied with - Benefit of faulty investigation would accrue in favour of accused - Accused entitled for acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Recovery of 34 kgs. Poppy husk - Custody of case property - Inspector did not produce the case property before Judicial Malkhana instead kept in police Malkhana - No orders obtained from court for keeping case property in police station - Possibility of tampering with case property could not be ruled..........
Criminal Procedure Code, 1973, Section 378, Arms Act, 1959, Section 25 -- Appeal Against acquittal - Possession of Pistol - Accused found in possession of pistol along with two live cartridges without any permit or license - Accused took plea that pistol belonged to his grandfather and was given to him to keep it in safe place - Statement of police that at the time of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abducting women in order to compel her for marriage - Rape - Prosecutrix is the main witness to prove culpability of accused for offence of rape - Prosecutrix deposed that she voluntarily accompanied the accused as she has developed friendly relationship with him - Prosecutrix also deposed that she performed marriage with..........
