Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(c), 305, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), 3(2)(VI), Protection of Children from Sexual Offences Act, 2002, Section 5, 6, 21 -- Bail - Rape - Abetment of suicide - Petitioners being warden and principal of hostel/School have no part..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1 kg heroin - Reduction of sentence - Accused sentenced to undergo R.I for 10 years, that is minimum sentence as prescribed for the crime and the same cannot be altered or modified - However, sentence for no, payment of fine of Rs.1 lakh modified from 3 months to 1 month...........
Criminal Procedure Code, 1973, Section 2(wa), 372 -- Victim - Right to appeal - S.2(wa) Cr.P.C. takes within its beneficial fold all persons who suffer any loss or injury by reason of an act or omission which constitutes the crime - If a person is duly authorized on behalf of a victim, he is entitled to maintain an appeal on its behalf...........
Criminal Procedure Code, 1973, Section 2(wa), 372, Indian Penal Code, 1860, Section 468, 420, 471 -- Appeal against acquittal - Right of victim - Offence u/ss 468, 420, 471 IPC - Allegation that petitioner was induced to issue a character certificate in favour of accused on the strength of forged certificate - Petitioner had suffered wrongful loss and injury by issuing an..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........
Indian Penal Code, 1860, Section 324, 307, 454, 392, 397, 34 -- Offence u/ss 324, 307, 454, 392, 397, 34 IPC - Accused allegedly came to the spot with covered face, gave beatings to PW2 and pushed him down the bushes and decamped with money - Names of accused not mentioned in the statement of PW2 - Reason given by PW2 that he was under fear cannot be believed - PW2 has not..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Proved abduction of deceased from his house by accused is per se criminal offence and carries with it a much higher degree of sinister culpability compared to any phenomenon of "last seen together" - Deceased being in the custody of accused after his abduction, was within their special knowledge as to..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Motive - Successive visits of accused on the turn of 15 days to the house of deceased in search of son of deceased, whom they suspected was involved in the murder of one of accused `C' and ultimately on the date of incident deceased forcibly taken away by accused and thereafter found to have died a..........
