Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, 37 -- Bail - Offence u/ss 8, 18, 29 NDPS - Accused seeking bail to enable himself to lead evidence - However, examination of accused u/s 313 Cr.P.C. is complete and evidence from defence side started - Disclosure statement attributed to accused is not per se..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i) -- Sexual assault - Merely because accused not absconding after the incident, it gives no presumption in his favour that he is innocent, particularly when crime is proved against him - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Handwriting expert - Receipt acknowledging receiving cheque amount - Complainant alleging it forged signatures - Delay in filing application as accused was absconding - However, getting signatures on receipt compared with admitted and specimen..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B -- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Abduction and sexual abuse by a gang inside running car - Clear and definite materials including direct evidence of victim and other circumstances including scientific evidence against accused persons - More so, petitioner is a person of bad antecedents with involvement in so..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Accused by means of farsa assaulted on the head of deceased with so much of force resulting in fracture of bone - He absconded and remained absconding for about 10 years - Even after committing such heinous offence, accused had no regards for law - Trial Court already taken a lenient view by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were absconding from village after the..........
Criminal Procedure Code, 1973, Section 311, 273, 299 -- Recall of witnesses examined in absence of accused as he was absconding - Absconding during pendency of trial, accused himself waived his right to cross-examine the witnesses, however, right of accused to cross-examine witness is valuable right - One opportunity granted to accused to cross-examine witnesses, who were..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Accused found absconding after the incident - It can be assessed that if there is no complicity of accused with the offence alleged, there should be no occasion for him to abscond immediately after the occurrence and his conduct itself is a relevant factor in the given circumstances...........
