Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - None of the witness testimonies indicated premeditation of mind between the accused and co-accused - Further, the eyewitness/informant failed to mention in the FIR any active role of the accused in the alleged offence apart from the role of exhortation - Moreover, general..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 78, 221, 224, 351(2) -- Anticipatory bail - Stalking - Allegations in complaint do not show that petitioner had followed wife of informant and contacted her to foster personal interaction - Only allegation is that petitioner had taken photographs of victim - Prima facie, these..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Statement contained in FIR furnished by one accused cannot be used against another accused...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Confessional FIR - Confessional FIR made by accused is inadmissible in evidence against him, except to extent that it shows he made statement soon after offence, thereby identifying him as maker of report, which is admissible u/s 8 of Evidence Act - Additionally, any..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Non-confessional FIR - Non-confessional FIR is admissible against accused as admission u/s 21 of Evidence Act...........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
