Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Evidence produced during trial appears to be sufficient to justify summoning of petitioners - No interference warranted in impugned order of summoning of petitioners - Application rightly allowed...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - Presumption of guilt get triggered and applies only once trial begins, i.e after charges are framed against accused but not before that...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 363, 366A, 376, 323, 343, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 21, 29 -- Bail - Kidnapping and rape - Victim though was minor, was not of age that she did not understand the act involved - Age difference between accused and victim is about 4-5 years - Victim..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 7(a), 8 -- Anticipatory bail - Cheating - Tax evasion - Allegation against accused are very serious, as accused indulged in tax evasion in connivance with officer/officials of Excise and Taxation - Investigation is going on and..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation was not publicly read in village where accused was residing - Publication of proclamation is thus, not in accordance with mandatory requirements of S.82(2)(i) Cr.P.C - Order declaring accused as P.O quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Second anticipatory bail application - Cheating - Petitioner only cites his willingness to deposit a sum of Rs.1 lakh in proof of his bonafides as a changed circumstance - Change in approach of petitioner whereby he now wants to pay part of sum claimed by complainant as proof of his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Last seen evidence - PWs 3 and 10 stated that they had seen victim enter house of accused, as house of PW3 is near to house of accused - However, evidence of PW6 and PW9 speak otherwise and stated that one cannot see house of accused from that of PW3 - But, PW6 and PW9 declared hostile - These witnesses thus, not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Testimony of PW5 - Post occurrence disclosure by PW5 regarding role of accused in hiding dead body at his residence not corroborated by any evidence on record - 2/3 days after registration of FIR, PW5 appears to have disclosed such fact to police - Evidence of PW5 is woefully vague and his conduct is so unnatural that..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A -- Oral dying declaration - Dowry death - Cruelty - Death by burning - 95% burn injuries - Dying declaration was made to PW2 in presence of doctor and nurse - However, prosecution failed to produce best evidence viz. doctor and nurse - Withholding of best evidence affects credibility and veracity..........
