Criminal Procedure Code, 1973, Section 154 -- FIR - A prompt FIR lends credence to prosecution case because a prompt FIR eliminates all chances of cooking up a false story...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not meant to be an encyclopedia nor it is expected to contain all the details of prosecution case - It may be sufficient if broad facts of prosecution case are stated in the FIR - Unless there are indications of fabrication, prosecution version cannot be doubted, merely on the ground that FIR does not contain the details...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending FIR to Court - May provide basis for suspicion that FIR was recorded much later to set up a distorted version - But the delay in sending FIR to Court does not dislodge the other evidence...........
Indian Penal Code, 1860, Section 498A, 323, 377, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 377, 506 IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - Allegations in FIR disclosing commission of cognizable offence - Prayer of quashing of FIR declined - Prayer for stay of arrest not granted as it will amount to grant of relief without deciding..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder - Cruelty - Family members of deceased are alleged eye witnesses but they neither tried to stop/nab the accused nor made attempt to inform the police immediately - Delay in lodging FIR totally unexplained - No evidence on record that at the time of incident accused was residing in the house of complainant and fled away..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of FIR - Narcotic drug recovered from co-accused - No prima facie evidence of involvement of petitioner in the incident - In the absence of any corroborative evidence, petitioner cannot be held to be involved in the incident merely on the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Accused arrested on the basis of information provided by co-accused - Contraband was recovered from co-accused - No evidence on record even prima facie showing involvement of accused in any manner in the incident - I.O. did not take any evidence in furtherance of the received information -..........
Indian Penal Code, 1860, Section 188, 34, Criminal Procedure Code, 1973, Section 195(1) -- Offence u/ss 188, 34 IPC - No complaint in writing by concerned Public Servant moved as required u/s 195(1) Cr.P.C. - FIR quashed...........
