Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - Allegation that accused entered the house of prosecutrix at night and committed offence in question - However, site plan of place of occurrence as also deposition of complainant would show that accused walked 40/45 feet from entrance of house to the room where prosecutrix was sleeping and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - PW3 and PW4 both stated that accused was apprehended at the spot but no quarrel had taken place in their presence and PW2 stated that accused fled away from spot after being caught - These facts also create a doubt in the prosecution case because, firstly, if occurrence has taken place as..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Where a victim is a lady already married and having two children and she is continuing her earlier marriage relationship without being divorced, as volunteered by her, promise of marriage by accused is an outright impossibility - Even the question of misconception also does not arise - Proceedings..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a question of law or a point on merit is raised by accused in a bail application, it is duty of bail Court to decide that point - But that decision will be a prima facie finding at bail application stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 25 -- Contraband - Statement of co-accused - Statement made to police while in custody has no evidentiary value in the absence of any recovery being effected in pursuance to the said statement - Since appellant was arrested on the basis of disclosure statement of co-accused and no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Identification of accused - Where identification of an accused is in Court for the first time after a number of years and no Test Identification Parade has been held, then identification of accused in Court is insufficient in the eyes of law to affix the guilt of an accused...........
