Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Deciding a case based on material that was never part of record amounts to impropriety requiring interference from the Court in terms of Ss.397, 401 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Calling upon accused to admit or deny the genuineness of documents produced by prosecution alongwith the list u/s 294 Cr.P.C, could not be said to be in any way prejudicial to the right of accused, nor could it be said to be compelling him to be a witness against himself as contemplated u/art 20(3) of Constitution...........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Condition to deposit 50% of compensation amount while suspending the sentence is not justified taking into account the purpose and object of S.357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainability - First anticipatory bail application was dismissed as withdrawn - Therefore, there is no bar in entertaining subsequent anticipatory bail application...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
