Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34 -- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Death of wife of applicant - Case registered on the basis of anonymous letter after more than a month - Immediately after death of deceased, her parents were informed about death and they did not lodge any complaint against applicant - Even father-i, law of applicant has in a sworn affidavit stated that..........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - S.436A of Cr.P.C. provides for grant of bail when person has undergone detention up to one half of maximum prescribed imprisonment - Provision applies only during trial...........
Criminal Procedure Code, 1973, Section 436A, Constitution of India, 1950, Article 21 -- Bail to under trials - Accused in custody for long period and pending trial - If there is violation of right of speedy trial, instead of quashing proceeding, higher court can direct conclusion of proceedings in fixed time - Directions issued proceedings to be disposed of within six..........
Constitution of India, 1950, Article 21 -- Speedy trial - Deprivation of personal liberty without ensuring speedy trial is not consistent with Art.21 - While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long - Held that while person in custody for grave offence may not be released if trial..........
Constitution of India, 1950, Article 21 -- Speedy trial - Each High Court should include achieving speedy trials target and not target of five years for under-trials in custody - If cases can be disposed of earlier, it may be still better - Plans can be revised as per local conditions - Disposal of bail application and cases where trials are stayed are priority areas for..........
Constitution of India, 1950, Article 21 -- Speedy trial - Directions issued: (i) High Courts may issue directions to subordinate courts that: (a) Bail applications be disposed of normally within one week; (b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438 -- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 325, 307, 341, 147, 148, 149 -- Bail - Offence u/ss 323, 324, 325, 307, 341, 147, 148, 149 IPC - Genesis of incident is dispute on firing of crackers and there is no other dispute between parties - Trial has commenced but only one witness has been examined - Notice to de facto..........
