Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 and A-2 being surgeons demanded bribe for performing operation in Government hospital - However, operation was performed by A-2 - Neither operation was conducted by A-1 nor cell phone was taken by A-1 - Further, spontaneous explanation was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Appellant made extra judicial confession before PW1 - PW1 was a village kotwal - Appellant had no close acquaintance with PW-1 for a certain length of time before the incident - If a person wants to confess to the crime committed by him, he will do so before the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3, 32(1), 8 -- Murder - Husband and his relatives set deceased on fire by pouring kerosene on her - Divergent statement by witnesses regarding cause of harassment meted out to deceased - Witnesses claimed to be present besides deceased till her death but they did not speak about recording of dying..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - One recorded by ASI and second by Executive Magistrate - In dying declaration recorded by Executive Magistrate, deceased made a general and vague allegation that people of her house had set her on fire - In dying declaration before ASI deceased made detailed allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Challan stands presented and charges are yet to be framed - Trial is prolonged and likely to take long time, as out of 13 PWs none has been examined - Accused already suffered sufficient period in custody and is not involved in any other case..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Indian Penal Code, 1860, Section 376, 354, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 9(i), 9(n) -- Rape of minor girls by their biological father - Minor victims had given a history of sexual assault to PW12 but not of penetrative sexual assault - There is no injuries on their person or genital, on their examination by doctor - Offence u/ss 376..........
