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...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 466, 471, 114 -- Bail - Offence u/ss 465, 466, 471, 114 IPC - Accused is in custody since 13.7.2020 - He has no criminal antecedents - Charge sheet already filed - Keeping in view facts of case, nature of allegations, gravity of accusation, availability of accused at the time of trial etc...........
Indian Penal Code, 1860, Section 380, Evidence Act, 1872, Section 114 -- Theft - Presumption u/s 114 of Evidence Act - Accused was caught when he was trying to run away from temple after stealing articles belonging to temple - Soon thereafter accused was found in possession of stolen articles - Presumption u/s 114 of Evidence Act thus, can be taken - Accused rightly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Indian Penal Code, 1860, Section 366, 343, 323, 506, 114, 34 -- Offence u/ss 366, 343, 323, 506, 114, 34 IPC - Accused intentionally kidnapped victim to perform marriage - Victim was 15 years of age at time of incident - She was forcibly confined in house of sister of accused with legs tied beyond 3 days - Victim was pushed by accused and was made to forcibly board auto..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Enhancement of sentence - Prosecution proved its case against accused - Considering gravity and seriousness of offence, sentence of accused enhanced u/ss 307, 114 IPC to 7 years...........
Evidence Act, 1872, Section 114(g), 32 -- Dying declaration - Recorded by Magistrate - Non production of same before Court - Withholding of dying declaration without any reason or cogent explanation - Can lead the Court to draw adverse inference about genuinity of prosecution case...........
