Indian Penal Code, 1860, Section 195A, 506, 34 -- Acquittal order - Leave to appeal - Hostile witness - Threatening any person to give false evidence - Petitioner lodged a complaint with police within a month after acquittal of Respondent No.2 by trial Court - Police too found prima facie merit in complaint upon investigation and thus, filed a charge-sheet against..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic violence - Complaint - Non-mentioning of FIR u/ss 498-A, 506, 504 IPC filed by wife against husband, in proceedings under PWDV Act, does not amount to concealment of material fact, which would disentitle wife to claim relief under PWDV Act, as reliefs claimed under PWDV Act are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Aggressor party - When injured/PW1 went to house of one person to invite him for sixth day birth of child, accused were present in front of their houses and they challenged PW1 - PW1 was not armed and only accused were stated to be armed with battle axe and sticks - Accused were aggressors not..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Material on record shows that in same subject matter and same facts on basis of which FIR in question has been lodged, there is judgment of competent Tribunal with categorical finding that petitioner did no wrong - Said judgment of..........
Indian Penal Code, 1860, Section 304(Part I), 307 -- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 366A -- Kidnapping - Consent - Victim was aged about 14 years at the time of incident - She herself requested accused to accompany her to place of her grandmother and without informing her parents she had gone to her grandmother's place and stayed there - Victim arrested from the place which does not lie in between way to her maternal..........
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106 -- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing..........
Indian Penal Code, 1860, Section 363, 368, 366 -- Kidnapping of two minor girls - Nature of sentence - Two minor girls were proved to be kidnapped by accused - Whereabouts of two missing girls not known till now - Accused should not be given any latitude as that would adversely affect interest of justice - Sentence awarded by trial Court is thus, proportionate to offence..........
