Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 341 -- Probation - Lower Appellate Court has upheld conviction of accused for offence, however, on question of quantum of sentence, it was found that all accused are first time offenders and ageing between 20 to 25 years and only bread winners of their respective families and thus they..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - Respondent has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - M.L.R. proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
