Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that appellant had a forceful sexual relationship with prosecutrix - However, neither prosecutrix stopped meeting the appellant thereafter nor did she file a criminal complaint during said period - Relationship between parties was cordial and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - Complainant lodged complaint almost eight years after alleged incident - She also posted post on facebook somewhere in 2018 making allegations against about 14 people, including appellant with regard to alleged sexual abuse - Complainant also did not go to..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim as recorded u/s 164 Cr.P.C has not been exhibited - Such statement cannot be made corroborated piece of evidence without being exhibited...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to default bail accrues when time of investigation or extended time is completed and yet no chargesheet is filed and said right sustains until the time charge sheet is filed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Benefit of default bail can only be conferred before a chargesheet is filed...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Petitioner/son is running a grocery shop in the village and other sons are daily wagers - Father is aged about 80 years and neglected by all the sons - Order directing petitioner to pay sum of Rs.3000 pm to father and other sons to pay a sum of Rs.1,500 each is proper...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional Court has no power to appreciate the evidence to substantiate its own view to differ from the finding of trial Court...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 of the Act - Civil suit is pending between parties - However, no protection or ad interim injunction has been granted - Police report reveals that there was every chance of breach of peace - Impugned preliminary order and order of attachment of property is proper...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Evidence not confronted to accused u/s 313 Cr.P.C. by prosecution, cannot be read or relied upon in evidence...........
