Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Petitioner is in judicial custody since October 2018 - Trial of case will take a long time to conclude - No useful purpose would be served by keeping petitioner behind bars - Bail granted to petitioner...........
Indian Penal Code, 1860, Section 376 -- Rape - Even slightest penetration into vulva or labia majora would constitute rape and penile vaginal entry namely actual passing of penis into vagina is not essential to constitute rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of rape victim can be sole basis of conviction, if evidence is of a sterling quality...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 5(I), 6 -- Penetrative sexual assault - Accused placed his male genital organ at external genitalia of victim girl - He thus, attempted to penetrate his genital organ into vagina of victim girl - Age of victim girl as alleged by prosecution not..........
Custody of Child -- Claimed by mother - Writ of Habeas Corpus - Maintainability - Child is a US citizen - However, mother is an Indian citizen and she does have legal right guaranteed u/art 226 of Constitution and to pray issuance of a writ in the nature of Habeas Corpus - Court will not throw away the petitioner on ground of jurisdiction or on ground of alternative..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 409, 420, 120B -- Interim bail - On basis of medical condition - Offence u/ss 409, 420, 120-B IPC - Petitioner has lost 25 kgs of weight after his judicial custody - Court therefore, directed Director of AIIMS to constitute a medical Board and file a report specifying therein whether..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 148, 149 -- Anticipatory bail - Attempt to murder - FIR contains facts that main accused was accompanied by four other persons and when he was arrested he named petitioners, who are his relatives - Such statement can certainly be taken into consideration for providing lead in..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Deceased wrote a letter to her brother-in-law PW5 regarding ill-treatment made to her by A-2 - However, prosecution prima facie failed to establish that said letter was actually written by deceased on fateful day and it is only deceased who had sent said letter to..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
