Indian Penal Code, 1860, Section 397 -- Dacoity - Identity of accused is disputed, as PWs have not been able to identify accused - Circumstance against accused that as per PW11, accused ran away is not proved - Incident pertains to the year of 1996 and there were 8 accused and out of 8 only 5 were apprehended - Three of them were enlarged on bail and then absconded -..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Deceased had been smothered to death and thereafter hung in premises which had been let out to accused - However, prosecution failed to discharge its onus that accused were present on fateful day at the place of occurrence where deceased suffered homicidal death - No evidence is..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape of married woman - Debatable question arises in the case as to whether it is a case of forcible sexual intercourse or consensual physical relations - Alleged call details simply suggest that there was exchange of calls between two telephones but whatsapp..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delay in lodging FIR - Delay of 13 days in lodging FIR - Prosecutrix had narrated the incident not only to her husband and other relations but to local people also - She is a working lady and it cannot be said that she was unaware of necessity to set criminal law into..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of married lady - Genesis of incident as narrated by prosecutrix suffers from inherent improbabilities and contradictions - Prosecutrix claimed that accused dragged her away from a thoroughfare while she was going to office - Though prosecutrix admitted that many people used road but no one came forward to corroborate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Petitioner is aged about 68 years, and is behind bars since last about 9 months and till date only 4 PWs out of 21 PWs has been examined - Since detention of petitioner will not serve any useful purpose as conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 173(2), (8), 156, 210 -- Further investigation - When a protest petition seeking further and proper investigation is pending at the instance of complainant, propriety demands that I.O must refrain from submitting final report till Magistrate issues direction on pending petition/complaint filed by complainant - Alternative course..........
