Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix herself stated that she went with accused on her own will and she was living with accused as his wife and is blessed with two sons - Prosecution failed to prove that age of prosecutrix was less..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
