Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - As per I.O. said accused was not present at the place of occurrence at the time of incident - Additional accused summoned without considering evidence collected by I.O. - Order summoning additional accused set aside - Matter remitted for decision..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Single instance of adultery - Merely because one `S' was in bedroom of wife in a house where two daughters of parties were staying, it cannot be said that wife had committed adultery with him - Even if for the sake of argument it is accepted that wife had committed adultery, then also there is no..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement of Victim/deceased recorded by police u/s 161 Cr.P.C, immediately before her death can be considered as dying declaration...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 494 -- Summoning of additional accused - Bigamy - No evidence on record that person sought to be summoned as additional accused had knowledge about marital status of accused being already married and also despite knowing about said status, they had encouraged or facilitated him for solemnizing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Summoning power to be exercised by Court after examining nature of allegations made in complaint and the evidence both oral and documentary in support thereof...........
Criminal Procedure Code, 1973, Section 228 -- Framing of change - At the time of framing charges, Courts are not supposed to adjudge that evidence is sufficient enough for conviction - Mere element of prima facie case is sufficient to frame charges...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused not examined his daughter-in-law as a witness during course of arguments on application of suspension of sentence - Application u/s 391 Cr.P.C filed by accused to fill up lacuna in case - Accused was granted opportunity to lead his defence evidence by trial Court - He had not led..........
