Indian Penal Code, 1860, Section 376, 457, 511, Criminal Procedure Code, 1973, Section 378 -- Rape - Appeal against acquittal - Leave to appeal - Trial Court appreciated evidence in just and proper manner while arriving at a finding that prosecution failed to bring home charges against accused - No interference warranted in it - Leave to appeal dismissed - Accused rightly..........
Criminal Procedure Code, 1973, Section 451, 457 -- Custody and disposal of property - Power u/s 451 Cr.P.C. - Should be exercised expeditiously and judiciously - It will serve the purpose : (i) Owner of article will not suffer because of its remaining unused or by its misappropriation; (ii) Court or police will not be required to keep article in safe custody; (iii) while..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Indian Penal Code, 1860, Section 376, 457 -- Rape - Lurking house trespass at night - Circumstantial evidence - Allegation that accused entered in the house of prosecutrix at night and pointed a 12 bore katta on her and committed the offence - However, said 12 bore katta not recovered - No injury on private or other parts of body of prosecutrix - Even semen was not found..........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge its duty to prove offences..........
Criminal Procedure Code, 1973, Section 451, 457, Criminal Law (Amendment) Ordinance, 1944, Section 4, 6, 13, 14 -- Refusal of release of original sale deed attached under Ordinance - Suit or other proceedings - Maintainability - Except procedure contained in S.13 of Ordinance, no suit or other proceedings are maintainable against orders passed attaching or withdrawing..........
Criminal Procedure Code, 1973, Section 451, 457, Criminal Law (Amendment) Ordinance, 1944, Section 4, 6, 13, 14 -- Refusal to release of original sale deed attached under Ordinance - Filing of petition under provisions of Cr.P.C or under provisions of Ordinance - Does not automatically entitle accused or any other person claiming interest in property under attachment for..........
Indian Penal Code, 1860, Section 326, 457, Evidence Act, 1872, Section 8 -- Offence u/ss 326, 457 IPC - Motive - Accused was staying in the house of informant and when informant asked accused to return money he borrowed and vacate his house accused assaulted mother and son of informant - Said act of accused indicates motive on part of accused to commit the offence so as to..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Indian Penal Code, 1860, Section 307, 326, 457 -- Reduction of sentence - Offence u/ss 307, 326, 457 IPC - Though two victims sustained grievous injuries on their persons but accused had no intention to cause death of those persons to constitute offence u/s 307 IPC - Order of conviction u/s 307 IPC set aside - Since accused is already behind bar for more than 1 1/2 years,..........
