Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 340, 351, 506, 34 -- Quashing of complaint - Offence u/ss 340, 351, 506, 34 IPC - General allegations made in complaint that complainant was wrongfully restrained - Place of occurrence was very close to property of accused - Even if accused was present at the spot, he cannot be faulted since he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner is 24 years old and he is a permanent resident of District concerned and neither in a position to flee from justice nor in a position to tamper with prosecution evidence -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To hold a person liable for abetting suicide active role is required which can be described as instigating or aiding in doing thing...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A, 34 -- Bail - Abetment of suicide - Role of accused/husband as perpetrator of incident is quite obscure - Allegations against accused or his acts as demonstrated by prosecution are not sufficient to implicate him u/ss 306, 498-A IPC - Prosecution specifically alleged that few days prior..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was minor at the time of incident - Statement of prosecutrix is corroborated by family register, a public document maintained by Panchayat Secretary, which was found duly marked and authenticated by concerned authorities - Accused held, rightly convicted...........
Indian Penal Code, 1860, Section 376, 406, 506, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Relationship interse parties from 2014 till application was given in the year 2019 - Parties also travelled out of station to various places - Accused already undergone 5 months and 10 days imprisonment as per custody certificate and it is not a case where..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Specific allegation against petitioner is that she used to unnecessary interfere in the relationship of deceased and his wife, as a result of which deceased was under great mental pressure - Petitioner along with co-accused used to call deceased..........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Complaint - Offence u/s 182 IPC - Public servant who prosecutes a person accused of offence punishable u/s 182 IPC, has to be regarded as acting only in discharging of his official duties...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance can be taken in accordance with S.195(1)(a)(i) Cr.P.C. - Complaint has to be filed by the concerned public servant to jurisdictional Magistrate for taking cognizance of the offence u/s 188 IPC - Trial on the basis of police report and charge sheet filed subsequent thereto by State police - Absolutely..........
