Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 304(Part II), 307 -- Offence u/ss 304(Part II), 307 IPC - Non-examination of independent witness - No independent eye witness has been examined though many persons were present at the place of occurrence - PWs 6, 7 and 9 have also turned hostile - If independent witness has been examined correct picture of incident have come on the surface..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place in the year 1998 and about 25 years have passed - Accused was in jail for a considerable period and he has never misused the privilege of bail and now he is not involved in any criminal activities - Sentence of accused reduced to period already undergone by him subject to payment of fine of..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for consideration for grant of bail are : (i) prima facie case (ii) possibility of accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of accused fleeing away from the hands of justice - Gravity and seriousness of offence is another factor that has to be taken into..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 3 -- Rape - Substantive evidence - Statement of witness u/s 164 CrPC is not substantive evidence - Substantive evidence is one which is given by witness in Court on oath in presence of accused..........