Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If there is an omission on part of prosecution in forwarding the relied upon documents to Magistrate, even after chargesheet is submitted, prosecution can be permitted to produce additional documents which were gathered prior to or subsequent to investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Political biasness/ Political vendetta - Accused establishing a prima facie case of political biasness is insufficient for the grant of anticipatory bail, if evidence/material available on record constitutes a prima facie case against the accused...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Confession if any cannot be looked into at the stage of anticipatory bail or even in regular bail...........
