Indian Penal Code, 1860, Section 376, 506 -- Rape by father-in-law - Prosecutrix alleged that she was suffering from psychological disorder and accused being tantrik committed rape upon her while treating her when she was unconscious by administering `Dhuni' - However, no evidence on record to prove that prosecutrix fell ill and administered any treatment by accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 148, 149, 120B -- Out of total 31 prosecution witnesses, 18 witnesses have been examined meaning thereby, all material witnesses have been examined - No specific injury has been attributed to petitioner - Seven co-accused have been already released on bail - Trial may take time to..........
Indian Penal Code, 1860, Section 498A, 342, 323, 506, Criminal Procedure Code, 1973, Section 177 -- Demand of dowry - Jurisdiction - Accused residents of place `J' and marriage was solemnized at place `J' - Allegation in FIR that demand and acceptance of dowry was at place `B' - Held, Court at place `B' has jurisdiction...........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Indian Penal Code, 1860, Section 376, 506(i), 450 -- Rape - Testimony of prosecutrix - Prosecutrix instead of informing the occurrence to her parents informed the same to A-2, which is unusual - Though prosecutrix able to depose that accused is known person to her but she informed the doctor that offence committed against her is by an unknown person - More so, no reason..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Neighbours of victim not supported prosecution case and they stated that there was no demand of dowry - Simple injuries were sustained by victim - Victim was subjected to cruelty after 3 months of her marriage not supported by any reliable or independent evidence - Material contradictions between averments made in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Case of blind murder based on circumstantial evidence - Dead body not identified by complainant - Recovery of knife does not relate with commission of offence - Human blood stated to be found on knife and handkerchief used by deceased but it has not been compared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
