Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against husband - PWs stated that deceased faced cruelty and harassment at the hands of her husband which compelled her to commit suicide - However, they did not state that such cruelty and harassment was in connection with demand for dowry - Offence u/s 304-B IPC not made out against accused -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Caste based remarks were not made by accused in public place - Thus, without such preliminary evidence, offence u/s 3(1)(x) of the Act is not substantiated - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 of the Act - No efforts were made by PWs to produce accused before any Gazetted Officer or Magistrate as required by S.50 of the Act - Prosecution has failed to prove the mandatory compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Independent witnesses - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the prosecution case doubtful - Testimony of police personnel are not wholly reliable - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Transportation of contraband - Consignment was booked by co-accused/A-1 - No allegation against accused of transporting contraband - Therefore, unless it is proved that accused had supplied the consignment to A-1 or was a part of a criminal conspiracy to commit an offence u/s 22(c) of the Act,..........
