Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Abduction and sexual abuse by a gang inside running car - Clear and definite materials including direct evidence of victim and other circumstances including scientific evidence against accused persons - More so, petitioner is a person of bad antecedents with involvement in so..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Criminal Procedure Code, 1973, Section 235(2) -- Imposition of punishment - Discretion of Court - Duty is cast on court to award proper punishment keeping in view nature of offence, its manner of execution etc. - Court to impose such sentence which not only fulfills mandate of statute but also reflects conscience of society as crime committed not only against victim but..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154 -- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Criminal Procedure Code, 1973, Section 377, Probation of Offenders Act, 1958, Section 4, 11 -- Appeal - Maintainability - Order granting benefit of probation - Cannot be challenged by way of filing appeal u/s 377 Cr.P.C., as said order can only be challenged by filing appeal u/s 11 of Act of 1958 - Appeal rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
Forest Act, 1927, Section 52, 52A, 52C, 54, Criminal Procedure Code, 1973, Section 482 -- Forest produce - Illegal transportation - Seizure of vehicle - Release of vehicle - Jurisdiction of Court u/s 482 Cr.P.C. - Court cannot order release of vehicle in exercise of power u/s 482 Cr.P.C. as once vehicle is seized with reason to believe that it has been used in committing..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be directed by Magistrate suo moto or on an application filed by complainant or accused, after cognizance has been taken on the basis of police report - Such course is open only on the request of Investigating Agency and that too in circumstances warranting further investigation on the..........
