Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376 -- Victim compensation scheme - Rape victim - Physically handicapped woman - Direction issued viz: (i) All States and U.Ts shall make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with physically handicapped women as..........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence against him - Admittedly no..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of 10 days in lodging FIR - No plausible explanation to delay the lodging of FIR - Delay fatal to prosecution case...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 156 -- Rape - Defective investigation - Age of prosecutrix - No document collected to establish prosecutrix's age on the day of incident - Prosecution failed to examine any witness to prove if prosecutrix was below 16 years of age - Exact age of prosecutrix not surfaced on record, as prosecutrix..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B -- FIR - Delay - Dowry death - Delay in lodging FIR not much - But it does bring an element of doubt when defence is successful in showing that girl made a statement in the presence of medical officer that she was under the influence of some evil spirits...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s 397 IPC has resulted in..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 420, 406, 467, 471, 120B -- Criminal breach of trust - Grant of bail - Accused and complainant are directors ofthe same company - Allegation of complainant that accused persons applied for loan on his false signature and manipulated the accounts of the company - In reply, accused stated..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 354B, 323, 436, 34 -- Compromise - Quashing of FIR - Offence u/ss 354-B, 323, 436, 34 IPC - Compromise arrived at between parties at the instance of respectables of village as both the parties are residents of same village - Complainant has no objection in quashing of FIR and other..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Accused A-1 died and his son arrayed as accused - Criminal culpable offence not heritable - Charge sheet against son, quashed...........
