Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In concluding paragraph demand is not clear - However, in the preceding paragraphs of notice there is reference of cheque as well as the amount shown in cheque and there is demand to pay that amount within 15 days - Notice has to be read in totality - It cannot be said that notice does not..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial - When an offence is made out against the accused irrespective of fact that whether the prosecutrix was a consenting party or not, then certainly,..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Indian Penal Code, 1860, Section 302, 324 -- Murder of wife by husband - Mother of deceased/PW1 stated that accused stabbed the deceased with knife and caused death of deceased and also caused injuries to her - Evidence of independent witnesses also clinchingly corroborates medical evidence spoken by PW12 - All the material PWs identified the accused in Test Identification..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When defence of accused is not believable, inference can be drawn that he made a transaction with complainant and issued cheque for said transaction...........
