Indian Penal Code, 1860, Section 323, 341, 148, 451 -- Offence u/ss 323, 341, 148, 451 IPC - Remand of case by Revisional Court by setting aside order of acquittal - Offences alleged were of trivial nature - Three years precious time of trial Court was consumed in providing opportunities to complainant for giving evidence but he failed to do so without showing any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 376, 451, Evidence Act, 1872, Section 114A -- Rape - Absence of consent - Presumption as to - Victim stated that accused had gagged and forcibly undressed her to have sexual intercourse and when she cried he threatened to kill her and then gave assurance to marry her - Factum of incident gets support of her disclosure before her mother and..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Reduction of sentence - Accused was 24 years old at the time of incident and a boy of poverty stricken - He already spent 6 years in jail and his poverty condition should be considered as a special ground to reduce sentence already undergone - Keeping accused for 1 year more in jail custody would not affect interest of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Indian Penal Code, 1860, Section 451, 323, 147, 506 -- Offence u/ss 451, 323, 147, 506 IPC - Main witness of incident not examined by prosecution - PW3, independent witness, reached at the spot after the incident - Exaggeration that clothes were smeared with blood as stated by PW1 not matched with medical evidence - Prosecution thus, failed to explain as to whether it was..........
Indian Penal Code, 1860, Section 376(1), 451 -- Rape - Medical evidence does not support commission of rape - Even there is no other evidence on record which may support statement of prosecutrix - There was no semblance of any resistance or any hue and cry by prosecutrix that would certainly attracted persons who resided nearby - Said persons deliberately not made PWs -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 451, 353, 186, 189, 506, Prevention of Damage to Public Property Act, 1984, Section 3 -- Bail - Offence u/ss 451, 353, 186, 189, 506 IPC and S.3 of 1984 Act - Doubtful that occurrence took place in the manner as claimed by investigating agency - Genuineness of allegations of second instance also..........
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35 -- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(h), 20, Evidence Act, 1872, Section 35, Indian Penal Code, 1860, Section 376, 451, 506 -- Rape - Age of accused - Entry of name of accused in register maintained by school - Admissibility - Determination of age of accused - Rape case - AW1 produced the character certificate of accused and original..........
