Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - "living in adultery" means only continuous and repeated acts of adultery - Wife could not be eschewed from getting the maintenance u/s 125(4) Cr.P.C. on the substratum of single instance of adultery...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Criminal Procedure Code, 1973, Section 227, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Discharge - Offence u/s 4 of POCSO Act - I.O during investigation did not proceed for collecting birth certificate of victim - Medical Officer as per Ossification test opined that age of victim was more than 14 years but less than 15 years - There is thus, no..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - At the instance of prosecution - Addition/alteration of charge has to be done by Court based upon its own satisfaction and not at the behest of any of parties to the trial...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the FIR or complaint at the stage of quashing of proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
