Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Accused first hit PW3 and when his wife came to rescue him, she was also hit on her head by lathi which became fatal to her - Cause of death is coma as a result of ante mortem injuries - Lathi was taken into custody but never produced before Court - Blood stained clothes which I.O took into..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Mere delay by itself cannot be a sole factor in rejecting prosecution's case arrived at after due investigation...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Falsity of accusation, delay in lodging FIR or plea of alibi, are not germane to adjudication of application seeking grant of default bail...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420 -- Delay in lodging of FIR - Cheating - Complainant immediately after the occurrence had approached competent authority and furnished information about wrongful withdrawal of Rs.40,000 from his account through ATM - Therefore, there has been absolutely no delay in getting FIR registered...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of five days in lodging FIR - Victim and her father and relatives are illiterate persons belonging to labour class - Promptness in lodgement of FIR cannot be expected from them - Moreover, matter pertains to rape wherein parties normally immediately don't rush to police station..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - FIR was lodged within seven hours - Even FIR was sent to Magistrate within 24 hours as required under provisions of Cr.P.C - Delay of seven hours cannot be said to be fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Delay in registration of FIR in rape case cannot be said to be of much significance as victim has to muster courage to come out in open and expose herself in a conservative social milieu...........
