Indian Penal Code, 1860, Section 376(2)(g) -- Gang Rape - Accused dragged victim girl to a nearby banana bush and co-accused pressed her mouth, spread her leg and held her whereas accused ravished her - Conviction upheld - Held, (1) Conduct of victim in asking her parents to proceed earlier on her cousin's wedding on assurance that she would join later after dressing up..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Reduction in sentence - Petitioner is facing criminal proceedings since the year 1992 and has already undergone about 4 months of actual sentence - Petitioner has been involved in number of cases by complainant and in some cases..........
Criminal Procedure Code, 1973, Section 313, 386 -- Appeal against order of conviction - Statement of accused not recorded in a legal manner u/s 313 of the Code - Held, it is duty of Magistrate and not the prosecution to put all the relevant questions to the accused - If there is lapse on the part of Magistrate, prosecution cannot be blamed - Appellate court has power to..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 212, 215, 464 -- Error in charge - Two women namely `P' and `S' present in the house - Accused charged for assaulting `P' and outraging her modesty after committing trespass into the house - Accused outraged the modesty of `S' but charged with outraging modesty of `P' - Held, conviction cannot be..........
Prevention of Corruption Act, 1988, Section 7, 13, 20 -- Accused a doctor in the hospital allegedly demanded bribe for issuing fitness certificate - Independent witnesses not supported the prosecution case regarding demand and acceptance of money - Evidence of departmental witnesses also suffered from serious infirmities and contradictions - Complainant who could have lend..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Accused paid cheque amount to complainant and also deposited fine imposed by trial court as per trial court order - Additional sum of 15% of the cheque amount imposed by way of cost which not..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Accused working in Commercial Taxes Department - Guilty for receiving illegal gratification of Rs.5000/- from complainant to reduce his tax liability - Convicted and sentenced - Conviction upheld by High Court - In appeal before Supreme Court accused sought to raise plea for the first time that he accepted..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of Maruti car allegedly made by husband, his brother and two sisters-in-law (wives of brother) - All the accused convicted u/s 304-B IPC - Conviction of all the accused except husband set aside - Held, sisters-in-law were not the beneficiaries and could not have supported the demand of Maruti car for the reason..........
Indian Penal Code, 1860, Section 302 -- Murder - Cogent evidence of eye witnesses - Evidence of discovery only a corroborative piece of evidence - Merely disbelieving discovery evidence does not render entire credible and cogent evidence of eye witnesses to be untruthful - From the evidence on record not believable that accused is falsely implicated - Conviction, held,..........
Criminal Procedure Code, 1973, Section 302, 392, 201 -- Robbery and murder - Skeleton of deceased traced at instance of accused - Daughter and other relatives identified skeleton of deceased on basis of clothing - Accused identified by Bank Manager as he pledged jewellery of deceased - Superimposition test established that skull pertains to photograph of deceased - No..........
