Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Allegation that accused attacked deceased with pestle and co-accused attacked PW1 with sticks - However, pestle allegedly used by accused was not recovered - There is no medical evidence to support injuries with intent punishable u/s 307 IPC - Act of accused can be only punished u/s 323 IPC and not u/s 307..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Indian Penal Code, 1860, Section 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Demand and acceptance - All PWs turned hostile - Superstructure upon which presumption u/s 20 of the Act has been drawn against accused by Court below is without any sufficient foundation - Since, it has neither been proved that a demand of illegal gratification was made by accused..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Victim complained of having been raped by accused/step father several times since 2013 - However, victim reported the matter to her mother in 2016 - Confession of accused corroborated what victim had to say - This was a case of aggravated penetrative sexual assault upon step..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Reasoned judgment was pronounced and uploaded after a period of almost 5 months - Impugned judgment and order of acquittal passed by High Court without further entering into merits of case nor expressing anything on merits in favour of either party set aside - Matter remanded for fresh decision...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Imposition of sentence - Power of Magistrate - Judicial Magistrate of First Class cannot impose fine of more than Rs.10,000/- as per provisions of S.29 Cr.P.C - But in view of amended provision of S.143 of Negotiable Instruments Act, a provision has been made..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
