Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - FIR lodged after 7th day of incident - No explanation given for such delay - However, PW4 stated that FIR lodged on very next day of incident - Such minor contradiction is possible when FIR was lodged by an illiterate lady and same was written by some other person - Even otherwise, said..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay in lodging FIR is well explained, as victim herself stated that due to fear, she did not disclose about occurrence to her parents till a day after occurrence - Even, several other reasons including apparent chances of social stigma might have prevented parents of victim or victim to..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Indian Penal Code, 1860, Section 307, 323, 452, 34 -- Attempt to murder - Delay of 5 days in lodging FIR - Major omissions in FIR - Neither it is mentioned in FIR that A-1 was armed with country-made pistol nor it was mentioned that `D' was hit by a firearm - More so, despite the fact that alleged assailants were unknown to complainant, he neither described accused, nor..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Murder - FIR lodged by brother of deceased after a period of almost 29 years from date of incident - Even in FIR initially there was no allegation of offence u/s 302 IPC and allegations were only for offences u/ss 364, 201, 344, 330, 219, 120-B IPC for which there was an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere delay in lodging complaint, cannot by itself be a ground to quash FIR...........
Criminal Procedure Code, 1973, Section 438 -- Challan not filed even after a lapse of 01 year and 5 months since the date of registration of FIR - It is a fit case for grant of interim anticipatory bail due to inordinate delay in filing challan - Interim bail granted till next date of hearing...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Consumer Protection Act, 1986, Section 23 -- Accident - Insurance claim - Damage to truck - Delay in lodging FIR - FIR was lodged within 3 days of accident - In case of major accident where said truck had turned turtle and fallen into a river, slight delay if any on part of traumatized driver to lodge FIR, cannot defeat legitimate claim of insured - Moreover, it is..........
