Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341 -- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 323, 328, 506 -- Anticipatory bail - Rape by father-i, law - There were constant disputes in the family and number of complaints were made to police from both sides - Despite repeated complaints by prosecutrix there is no allegation whatsoever against petitioner having committed rape..........
Indian Penal Code, 1860, Section 498A, 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 498-A, 323 IPC - Benefit of probation - There is no minimum sentence prescribed u/ss 498-A, 323 IPC, thus provisions of P.O. Act applies to the same...........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 34 -- Compoundable offence - Court has no objection in allowing compounding petition...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 307, 323, 506, 148, 149, Arms Act, 1959, Section 25 -- Bail to juvenile - Offence u/ss 307, 323, 506, 148, 149 IPC and S.25 of Arms Act - Bail denied as petitioner was a member of unlawful assembly - However, there is no allegation against petitioner which may..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 323 -- Murder - Unlawful assembly - Common object - Accused no.1 arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and rest were equipped with sticks - Incident occurred as a result of cold blooded plan to murder deceased - Nature of injury inflicted on the vital..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Family members - Quashing of proceedings - Complaint against family members of husband - No specific allegations against applicants regarding cruelty due to demand of dowry or alleged causing of injury or using foul words or any other overt act - Mere casual reference of..........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Mere acquittal in cross-case is not determinative that accused of cross-case were not aggressor, as accused need not prove his case beyond all reasonable doubt - Accused had only to show by preponderance of probabilities that his plea of..........
