Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D -- Bail - Rape - Allegation that accused friend of prosecutrix called her and committed rape upon her with the help of co-accused in their car - Prosecutrix stated that both the accused were consuming liquor when she reached the place where she was asked to meet and they also made her drink..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder of husband by wife - Circumstantial evidence - As per post mortem report there were 18 injuries on body of deceased and all injuries are ante mortem in nature and fresh in duration - Even otherwise, Medical Board opined that death of deceased was due to asphyxia caused by..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - When there are orders of maintenance both u/s 125 Cr.P.C. and S.24 of H.M Act, claimant shall not be entitled to get maintenance simultaneously, rather, he/she would be entitled to get only higher amount of maintenance out of both the provisions...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Mere filing of a petition u/s 24 of H.M Act or grant of maintenance thereunder, does not preclude a person to file a petition u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 252 -- Plea of guilty - Plea not recorded as nearly as possible in the words used by accused - Conviction set aside...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376(2)(g), 342 -- Compensation to victim - Gang rape - Keeping in view the age of victim at the time of occurrence, nature and gravity of offence committed and family background - DLSA directed to examine the case of victim after conducting necessary enquiry in accordance with law for grant of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C) -- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Compromise between parties before Permanent Lok Adalat collapsed - Husband now offered Rs.2.50 lacs towards full and final settlement i.e. permanent alimony and maintenance which is not acceptable to wife - Petition dismissed...........
Criminal Procedure Code, 1973, Section 41, 157 -- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly entitle him benefit of..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313 -- Rape - Examination of accused - Accused convicted on the basis of Report of Serology Division of FSL - Said circumstance not put to accused in his examination u/s 313 Cr.P.C., which vitiated judgment of trial Court - Merely supplying copy thereof to defence counsel is not sufficient -..........
