Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Complainant supported the case of prosecution - Statement of complainant is in consonance with medical evidence brought on record - Other PWs supported the case of prosecution - Prosecution proved its case - Conviction upheld...........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Modification of sentence - Occurrence took place in 2003 - Accused have clean antecedents with no other case registered against them - Sentence u/s 325 r/w S.34 IPC modified to 2 months and 4 days with fine of Rs.10,000 each with default sentence as imposed by lower appellate Court and u/s 323..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - School transfer certificate cannot be relied upon to hold that victim was below 18 years at the time of commission of offence, as it did not answer to description of any class of documents mentioned..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - Documents produced i.e. a transfer certificate and extracts of admission register of school are not what S.94(2)(i) of JJ Act mandates nor are they in accord with S.94(2)(ii), as there were no records..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Empty cartridges found at the spot were not fired from rifle issued to accused as per ballistic expert report - This is indicative of presence of some other rifle also - Prosecution evidence is silent as to whose rifle it was - Moreover, if accused were to use their rifle to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Testimony of PW3, PW6 and PW15 - Neither PW3 nor PW6 identify any of accused - They did not depose that three policeman involved in the crime were those who were facing trial - Testimony of PW3 and PW6 is not of much help to prosecution case - As regarding testimony of PW15,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
