Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation of cruelty and unnatural death of deceased was made by complainant only after death of deceased - No evidence on record that accused demanded dowry as a consequence of marriage - Even, complainant stated in FIR that he voluntary gave bridal presents according to his capacity - Moreover, there..........
Indian Penal Code, 1860, Section 376 -- Rape - Insertion of finger by accused into the private part of prosecutrix is covered under the definition of offence `rape' as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
