Indian Penal Code, 1860, Section 218, 417, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Evidence Act, 1872, Section 3 -- Offence u/ss 218, 417 IPC and Ss.12(2), 13(1)(d) PC Act - Appreciation of evidence - Evidence on the record unable to prove the alleged offence - Evidence which could be produced, withheld by the prosecution - Necessary ingredients to..........
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
Indian Penal Code, 1860, Section 379, 201 -- Stealing of bond - Signing of bond is not sufficiently proved, thus question of snatching away by accused does not arise - I.O should have enquired with opponent of accused who were said to be present on date of production of alleged agreement bond - Delay of 2 days in filing of complaint after the incident also goes against..........
Criminal Procedure Code, 1973, Section 70, Indian Penal Code, 1860, Section 376(2)(g), 366 -- Arrest warrants - Rape case - Case was thoroughly investigated by police and a detailed negative final report was filed by police - Trial Court was not justified in issuing warrants of arrest against petitioners while taking cognizance against them - Order issuing warrant of..........
Indian Penal Code, 1860, Section 489(C) -- Fake currency notes - Currency notes in denomination of Rs.500, which was found to be fake, is proved from statement of PW2 and PW4 - Recovery from accused was proved to be fake currency as per report of RBI - Charge u/s 489(C) IPC is proved against accused - Accused rightly convicted - Since accused already undergone 3 years R.I..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased was the real uncle of accused - There was no family dispute between them regarding land - Accused was living in adjoining village of deceased and also attended religious ceremonies after death of deceased - Even no suspicion was raised in FIR - Accused made extra judicial confession..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), Indian Penal Code, 1860, Section 376(C) -- Bail - Illegal gratification and rape - Petitioner Superintendent of Police against whom there is allegation of taking bribe and commission of rape - Evidence of complainant/material witnesses including their cross-examination..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Delay in lodging FIR - Grievous hurt - Cruelty - Dowry demand - FIR lodged by mother of victim - Delay duly explained by victim which is corroborated by her mother, as victim was put to fire being tortured for demand of dowry and secretly..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 106 -- Grievous hurt - Cruelty - Dowry demand - Burden of proof - Prosecution successfully established that burn injuries to victim caused in the house of accused - Burden thus, shifts upon accused to explain those injuries u/s 106 of Evidence Act, which burden..........
