Un-married couples -- Stay in hotel room - No laws or regulations forbidding unmarried persons of opposite sex to occupy hotel rooms - Occupation of hotel room by an unmarried couple, does not attract a criminal offence - Sealing of hotel premises on the ground that unmarried couple were occupying the premises, is totally illegal in the absence of any law prohibiting the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 346, 506, 34 -- Bail - Offence u/ss 376, 346, 506, 34 IPC - Medical report does not support the case of prosecution - Even, trial is not likely to be concluded in near future - Bail granted...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Compromise - Allegation against accused is that he committed rape upon victim who is minor - Prima facie offence of rape is made out against accused - Role of other..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Acquittal of co-accused in a separate trial - Cannot be made basis for quashing proceedings against remaining co-accused in view of provisions of Ss.40 to 44 of Evidence Act, particularly when remaining co-accused are absconders - Application dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - On the basis of examinatio, i, chief - Examinatio, i, chief cannot be excluded from wording of `evidence' term used in S.319(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband failed to appear before Family Court to defend proceedings on more than one occasion - He failed to cross-examine applicants and did not lead any evidence on his own behalf - Trial Court made an objective assessment of evidence available on record while quantifying maintenance to the..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - S.307 IPC cannot be compromised therefore conviction of appellants maintained - However, sentence of reduced to that period which appellants had already undergone...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power of appellate Court cannot be restricted to receive only oral evidence and exclude documentary evidence - Document tendered for perusal of Court thus, as much evidence as statement made before Court...........
