Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 201 -- Circumstantial evidence - Last seen evidence - Murder case - No definite evidence on record that accused and deceased were last seen together - Time gap is too long when deceased left the factory and recovery of body - Possibility of others intervening cannot be ruled out - Last seen theory, held,..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 201 -- Circumstantial evidence - Recovery of mobile belonging to deceased without SIM - Murder case - Accused arrested after a gap of 15 days of incident - Mobile phone was of no substantial value to be detained by accused in his possession at the time of apprehension in a dramatic manner - No independent..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 201 -- Circumstantial evidence - Motive - Murder case - Prosecution unable to establish accused's motive to commit heinous crime of murder of his room mate - No hostility or prior enmity or ill-will between accused and deceased - Motive held, not proved - Even prosecution miserably failed to prove that it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Anticipatory bail - Cheating - Forgery - Criminal conspiracy - Case involves multiple victims and forgery allegedly in respect of documents attributed to government - Large sum of money paid by victims which was transferred to accounts of different persons including..........
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Misappropriation and embezzlement of public funds - Sufficient material on record to show that accused had indulged in acts of misappropriation and embezzlement of public funds by unauthorizedly processing bills which he received not through proper channel -..........
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Misappropriation and embezzlement of public funds - Reduction of sentence - Accused aged 70 years, suffering from ill health - He undergone 20 months sentence out of 36 months - Sentence modified to period already undergone by accused...........
Indian Penal Code, 1860, Section 307, 323, 326, 148, 149, 506 -- Attempt to murder - Cross-case pending against complainant party - Delay caused in registration of complaint not explained - Neither in complaint nor any PW deposed that both accused have caused any injury to anyone - Even there is no recovery from both accused - Moreover, complainant party is aggressor and..........
Indian Penal Code, 1860, Section 193, 203, 420, 467, 468, 471 -- Offence u/ss 193, 203, 420, 467, 468, 471 IPC - Wrong facts in nomination paper to escape disqualification pertaining to third child cannot be considered so as to constitute offence of cheating - Allegation made in FIR do not disclose any cognizable offence - At the most remedy available to complainant was to..........
Criminal Procedure Code, 1973, Section 228, 161, 164, Indian Penal Code, 1860, Section 363, 366A -- Framing of charges u/ss 363, 366-A IPC - Inconsistent statement u/ss 161 & 164 Cr.P.C. - Statement u/s 161 Cr.P.C. that she voluntarily accompanied accused to his village - However, statement u/s 164 Cr.P.C. that accused gave some intoxicant to her and was taken to his..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 25 -- Dishonour of cheque - Recovery of fine - No provision in N.I.Act which regulates the manner and methodology for recovery of fines, etc. - Going by the mandate of S.25 of General Clauses Act, provisions contained in Ss.63 to 70 IPC, will also regulate matters regarding recovery of fine..........
