Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Deceased committed suicide after 12-13 years of her marriage - There is no allegation that accused used to harass deceased for any demand like dowry or any property - No independent witness has made any allegation against accused - Even son of deceased has also not supported prosecution case and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Indian Penal Code, 1860, Section 302 -- Murder - Whenever death occurs on account of a single blow, it cannot be laid down as a rule of universal application that S.302 IPC is ruled out...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - In that scuffle accused took out the knife and stabbed deceased from behind - As per Exception IV to S.300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - Accused inflicted below with a weapon like knife and he inflicted injury on deceased on the vital part of body - It is to be presumed that causing such bodily injury was likely to cause death - Case falls u/s 304(Part I) IPC and not u/s 304(Part II) IPC...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Indian Penal Code, 1860, Section 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 366-A IPC and S.4 of POCSO Act - Sister of informant left her home at her own will and married with son of petitioners - There being an infant baby born out of wedlock and her desire to live..........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
