Prevention of Corruption Act, 1988, Section 4, 3 -- Offences under P.C. Act and I.P.C - When a case involves offences under P.C. Act and other offences including IPC offences, prosecution cannot be split up - Entire case involving all offences has to be tried by Special Judge, as special Judges appointed under P.C. Act are given powers to try other offences also alongwith..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Offence u/s 13(1)(d) of P.C. Act and Ss.420, 120-B IPC - Merely because prosecution is not possible under P.C. Act, as High Court quashed sanction u/s 19 of P.C. Act, accused cannot be mechanically absolved of all liabilities under Criminal Law and prosecution would have to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 366, 376(2), 506(I), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2) -- Kidnapping and rape of 15 years old girl - Glaring inconsistencies found in statement of prosecutrix and her mother about occurrence of alleged incident, which has..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased and her daughter died due to strangulation and their bodies were set afire in order to create an impression as if they died of burn injuries - It is impossible that deceased strangulated herself and then attempted to set herself afire - Conviction of accused u/s 306 IPC not sustained - Accused..........
Indian Penal Code, 1860, Section 302, 201 -- Double murder - Circumstantial evidence - Deceased and her daughter found dead in their room with burn injuries - Medical evidence shows that death occurred due to strangulation - Room where incident occurred were occupied by deceased, her daughter and her husband/accused - However, there is no evidence on record that accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire evidence on record suggest that deceased was assaulted by firearm causing his death - However, postmortem report of deceased shows that no firearm injury or any injury caused by sharp cutting weapon was found on the dead body of deceased - Medical evidence not corroborating ocular evidence - There was enmity..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
