Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Indian Penal Code, 1860, Section 302, 326 -- Offence u/ss 302, 306 IPC - Incident occurred in a trivial manner - Deceased had gone to house of accused and objected to dog poo thrown in front of his house - Accused became aggressive for this and did not listen - Accused was not carrying any arm rather he picked up a tangi lying in his house and struck a blow on his head -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Indian Penal Code, 1860, Section 376, 270, 370 -- Rape by HIV positive person - Whether constitutes offence of attempt to murder - If an HIV positive person is aware of their condition and has unprotected sex, then such act can be termed as negligent act - Said person can be punished u/s.270 IPC - Said act would not attract offence for attempt to murder punishable u/s.307..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Entrustment of vehicle for repairs - Where it is proved that vehicle is entrusted to accused, same itself is sufficient to attract offence u/s 406 IPC - It is not necessary to prove ownership of vehicle to prove an offence u/s 406 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
