Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Prosecutrix aged 30 years is a married lady having three children - She after death of her husband developed physical relations with accused with assurance that he will solemnize marriage with her - Allegation that prosecutrix was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 149, 323, 325 -- Framing of charge u/ss 307, 149 IPC - Accused allegedly 8 in number, armed with lathis, named in FIR - But small number of injuries received by injured belies said allegation - Moreover, if accused were intending to kill injured, nothing prevented them from aiming the lathis..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Charge u/s 307 IPC - Determining factor to frame charge u/s 307 IPC is not the nature of injuries suffered but intent and knowledge of accused persons while indulging in assault...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Material witnesses failed to identify the accused as a person who was driving the vehicle in question at the time of accident - Prosecution failed to prove its case - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge - Charge u/s 302 IPC - Deceased died on account of burn injuries caused by accused - Cause of death is not strangulation as per post mortem report - This fact alone would not entitle accused to be discharged, as it is probable that he might have pressed the neck of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 342, 376, 376(2)(N), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5L, 6 -- Kidnapping and rape - Prosecutrix aged 18 to 20 years solemnized marriage with accused - Moreover, prosecutrix went with accused on her own free will - Bail granted to accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased joined the job where deceased was working, therefore, there was no reason/motive to establish that accused had killed the deceased - Witnesses who claimed eye witnesses, had actually not seen the incident - Weapon of offence not recovered - Accused convicted merely on the basis of suspicion - Suspicion how so ever..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - When incident took place, deceased and accused were alone in room and after incident accused continued to stay in room - Trial Court perfectly justified in invoking presumption u/s 106 of Evidence Act against accused which provides that when any facts is..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302 -- Hostile witness - Murder case - Informant though turned hostile but he categorically stated that site plan contains his signatures - Inquest report was also prepared by police in his presence, blood samples of deceased were collected at the place of occurrence, clothes of deceased were recovered in..........
