Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Indian Penal Code, 1860, Section 376, 308 -- Rape - Injury caused to victim - Accused allegedly stabbed victim in her stomach and PW1 stated that she met her daughter in hospital and her condition was serious - However, medical report does not support it as no stabbed would was found by doctor - Doctor has not indicated any injury on private parts of victim - Medical..........
Indian Penal Code, 1860, Section 308 -- Offence u/s 308 IPC - Victim stated that accused stabbed her after commission of rape - However, oral evidence regarding assault having been made by knife is not truthful - Moreover, when rape was already committed by accused, there was no need for accused to assault her by knife - There is no recovery of said weapon which could show..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that she sustained abraded injuries on her hand and legs - But no such injuries were found in medical nor there is any abrasion on her hand or leg - Even there is no injury on private parts of victim - There is no medical evidence that victim was unconscious - Medical report shows that she was normal - There was..........
Contempt of Courts Act, 1971, Section 15 -- Criminal contempt - Procedure - Three ways of initiating a contempt: (i) suo motu; (ii) on the motion by Advocate General/Attorney General/Solicitor General; and (iii) on basis of a petition filed by any other person with consent in writing of Advocate General/Attorney General/Solicitor General...........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Objection as to issuance of notice of contempt - Notice was strictly in accordance with Form I, which only requires that notice should briefly state nature of contempt - There is no requirement of giving all the documents with Form - Action against alleged contemnors is being restricted to allegations made in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three accused attacked deceased with exhorting to kill one `A' - They had grappled deceased and inflicted multiple injuries on him with knife - There was prior meeting of minds of all four convicts and all three accused had common intention - Delay in registering FIR has been properly explained - Mere fact that eye..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Will -- Suspicious circumstances - (i) Will is type written on 3 different sheets of paper; (ii) placement of signatures of testator is not of uniformity and excessive space is seen between typewritten contents and signatures on page nos.1 & 5; (iii) different pens have been used for signatures on different pages with ink pen and ballpoint pen; (iv) all typewritten pages..........
