Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, 338, 201, Motor Vehicles Act, 1988, Section 187, 181, 196 -- Quashing of FIR - Accident - Compromise arrived at between parties and is genuine - Complainant has no objection if FIR is quashed and accused is acquitted from charges framed against him - High Court has inherent power to..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 384, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - FIR lodged after delay of 5 months and no satisfactory explanation given for the same - Place of incident not established - Prosecutrix refused her internal medical examination - Consequently, nothing incriminating is emerging from MLC -..........
Indian Penal Code, 1860, Section 302 -- Murder of six months old child - Circumstantial evidence - Time of death of minor child was not proved by prosecution - Failure to do so in a case based on circumstantial evidence is fatal - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of six months old child - Circumstantial evidence - Extra judicial confession - PWs 4 & 6 stated that accused immediately after recovery of dead body of child made extra judicial confession before them - Accused was detained by witnesses - There is thus, doubt whether such confession was either..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Accused met victim by chance and offered to drop her to her village - He pushed victim to ground from her shoulder and after victim struggled and pushed him away he released her - Even if it is assumed that he had intention to commit crime, there is no material to prove that he has made preparation for same and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Genesis of dispute was that deceased purchased a car jointly with co-accused - Dispute if any was between co-accused and deceased and not between other accused - Wife and daughter of deceased declared hostile - Even all the PWs not supported prosecution case - Prosecution failed to prove its case - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen theory - No evidence on record that accused was seen together with deceased before occurrence - Statement of accused u/s 313 Cr.P.C is that deceased left the house in night with his permission - Fact that accused and deceased usually stayed together in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant failed to establish essential ingredients of S.138 of the Act - No offence by accused is shown to be committed - Accused rightly acquitted - Appeal dismissed...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of sole eye witness/PW8 - Prior enmity between parties - PW8 stated that she identified accused in the light of torch, but there is no recovery of torch - There are material contradictions, omissions and/or improvements in statement of PW8 recorded u/s 161 Cr.P.C as well as deposition before Court - No other..........
