Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation by itself not a ground for acquittal...........
Criminal Procedure Code, 1973, Section 357A(1), (4), (5) -- Provisions of S.357-A(1),(4) & (5) Cr.P.C are substantive in character...........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - When an application is made by a victim of crime that occurred prior to coming into force of S.357-A(4) Cr.P.C, a prospective benefit is given, taking into reckoning an antecedent fact...........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - Victims u/s 357-A(4) Cr.P.C are entitled to claim compensation for incidents that occurred even prior to coming into force of said provision...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Interim bail granted directing petitioner to join investigation - Petitioner joined investigation and is now not required for any further investigation - Interim bail made absolute...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership rights - Cannot be determined in proceedings u/s 451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Custody of vehicle should be given to the person who is recorded as its registered owner and in case another person disputes such ownership he should get his rights determined from civil Court - In case of any claim arising on account of misuse of vehicle released on Supardari it would be the registered..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership - Registration certificate of vehicle in favour of a person is an important determinative factor of ownership of the vehicle, keeping in view the limited scope of inquiry in a proceeding u/s 451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 256.90 kg Ganja patti - Held, without adverting to merits of case and in view of situation arising due to COVID-19 pandemic, accused released on bail...........
