Criminal Procedure Code, 1973, Section 228 -- Non-framing of charge u/s 149 IPC - Mere defect in language or in narration or in the form of charge would not render conviction unsustainable provided accused is not prejudiced thereby...........
Indian Penal Code, 1860, Section 304PartII -- Offence u/s 304 Part-II IPC - Incident not witnessed by any of PW and they relied on what other person and investigating police team disclosed - Their evidence being based on what has been reported by others, rather than what they had observed or experienced is certainly intrinsically weak piece of evidence which cannot be..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - The prosecution has miserably failed to prove the sexual act was on false promise or consent was obtained by non-disclosure of material facts - Therefore, the accused is entitled to benefit of doubt as the prosecution has failed to prove the sexual act was on a false promise to marry or the consent was obtained by..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Injury cannot be opined to be dangerous to life, unless Radiologist/Surgeon who performed surgery was examined - In the instant case, injury in question could be dangerous to life does not induce confidence of Court - Conviction of accused thus, scaled down from S.307 to S.326 IPC - However, since compromise..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Abduction - Prosecutrix herself stated that on the date of incident she has turned major and has voluntarily joined the company of accused due to having love affair between them - She stated that accused has done nothing wrong with her or against her will -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation deposited by accused with trial Court - Complainant has no objection for compounding the offence in the event of release of entire amount of compensation - Matter ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 3 -- Related witness - When witnesses are related persons, although their testimony is admissible and form basis of conviction of accused, testimony of interested witness has to be examined with extra care and caution...........
Service -- Withholding of Death-cum-Retirement-Gratuity (DCRG) - Pendency of appeal against conviction in criminal case - Cannot disentitle State from withholding DCRG considering that it is a hiatus period within which certain arrangements have to be made which would be dependent on the outcome of appeal...........
