Indian Penal Code, 1860, Section 302, 449 -- Murder - Tower location of mobile of accused - Hand writing document showing tower location - Scribe of hand written document not examined - Linking accused to area where house in which deceased was murdered through medium of said tower location thus, fails...........
Indian Penal Code, 1860, Section 302, 449 -- Murder - Motive of crime not established - Accused was not subjected to Test Identification parade before PW7 - No evidence on record to establish that accused was in the area where house of deceased was situated when deceased was murdered - Recovery of knife, rope, pair of shoes and blood stained clothes by accused is the only..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster..........
Indian Penal Code, 1860, Section 354A, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of woman - Mere throwing of mobile or medicines or providing the same with or without medicines by accused to prosecutrix, may not be considered to be an offence u/s 354 or 354-A IPC or u/ss 7, 8 of POCSO Act...........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - No medical certificate or report on record with regard to injuries alleged to have been caused by accused upon beating victim - Multiple material contradictions in statements of complainant and victim - Prosecution failed to prove its case - Accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Quashing of order dismissing complaint - Cheating - Monetary transaction - Allegation that accused allured complainant to join them in their business of purchasing plots - However, complainant failed to prove that money was ever given to accused at the time when plot was..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - Allegations are that accused after marriage with deceased went abroad and fail to return from there - In view of allegations, a debatable issue arises as to applicability of S.306 IPC - Culpability if any shall be determined at trial which is not likely to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B, 409, 477A -- Bail - Offence u/ss 420, 406, 467, 468, 471, 120-B, 409, 477-A - Investigation continued for a period of four years and petitioner was never arrested - As now challan has been presented and as such custodial interrogation of petitioner is not required -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
