Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 326, 341, 324 -- Delay in sending FIR to Magistrate - Offence u/ss 326, 341, 324 IPC - Delay in reaching FIR in Court has seriously impacted trustworthiness of investigation and consequently validity of trial - Contention of accused that I.O had utilized interregnum between incident and FIR..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner is in jail for about 6 years and delay in conclusion of trial is solely attributable to prosecution - Till date trial of case is not concluded and two of witnesses are yet to be examined and there is no reasonable possibility when trial would conclude - Previously bail applications were rejected, but in view..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 26 days in lodging FIR without any plausible and cogent explanation is fatal to prosecution case...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused being brother-in-law of victim tried to ravish her finding her alone in a cow shed in the night - However, no independent witness was available to support such claim - There was an altercation and scuffle between parties on the next morning - But even from such altercation one does not get any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 294, 506 -- Bail - Rape of ex-student by principal of school - Allegation that accused inappropriately touched private parts of victim and then forcibly committed rape upon her - Having committed heinous act, accused started threatening victim with dire consequences if matter gets divulged at..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail petitions must be taken up for consideration and disposed of without undue delay...........
Surplus land -- Taking of possession by Government - Challenge as to - Delay and laches - Possession of surplus land was taken over under a Panchnama - Last attempt to assail possession Panchnama in 1986 itself without seeking any further relief of declaration regarding earlier proceedings had attained finality - Writ petition filed by appellants after lapse of 14 years..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three accused attacked deceased with exhorting to kill one `A' - They had grappled deceased and inflicted multiple injuries on him with knife - There was prior meeting of minds of all four convicts and all three accused had common intention - Delay in registering FIR has been properly explained - Mere fact that eye..........
Indian Penal Code, 1860, Section 498A -- FIR u/s 498-A - Limitation to file complaint is three years - Complaint filed much more than 3 years after wife started living separate - No justification for delay in filing complaint - No allegation of physical and mental harassment after wife started living separate - High Court rightly quashed the proceedings...........
