Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court may only interfere in appeal against acquittal when there is substantial and compelling reasons to do so...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B -- Anticipatory bail - Decree of divorce by mutual consent obtained by producing a lady other than wife - There are direct allegations of impersonation against husband and his custodial interrogation is required - Anticipatory bail refused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Written application for interim maintenance is necessary after amendment of Cr.P.C. in 2001...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay itself cannot be regarded as fatal to prosecution case - However, there is a possibility of embellishment in prosecution version on account of such delay if prosecution fails to satisfactorily explain the delay...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Not required for prosecuting a Pradhan of Gram Panchayat...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Decision u/s 452 Cr.P.C. is subject to judgment on title by Civil Court...........
