Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - No proceedings u/s 52-A of the Act were undertaken by I.O. for preparing an inventory and obtaining samples in presence of jurisdictional Magistrate - FSL report is thus, nothing but a waste paper and cannot be read in evidence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed within one month of accrual of cause of action - No fault can be found, on the ground of limitation, with the summoning order...........
Indian Penal Code, 1860, Section 354A, 509 -- Outraging modesty of women - Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word `darling' is patently offensive and word used is essentially a sexually coloured remark - Conviction, upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Constitution of India, 1950, Article 142 -- Exercise of power under Article 142 of Constitution - Parameters are as follows: (i) Jurisdiction can be exercised to do complete justice between the parties - It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused killed deceased by giving a Dau blow - Body and head of deceased were separated, which shows force with which blow had been dealt - Dau in question was recovered at the instance of accused when he led the police and others to the place of recovery - Eye witnesses stated that accused was a habitual drunkard - Evidence..........
Indian Penal Code, 1860, Section 377 -- Offence u/s 377 IPC - Mere non-existence of any injury could not ruled out commission of an offence u/s 377 IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Indian Penal Code, 1860, Section 342, 354, 306 -- Nature of offence - PWs established that victim was pulled and confined to the room for few hours - Conviction u/ss 354, 306 IPC in the absence of any cogent evidence and material is not sustainable and thus, set aside - However, conviction u/s 342 IPC is maintained...........
Indian Penal Code, 1860, Section 342 -- Offence u/s 342 IPC - Sentence - Accused has remained in jail during trial for about 20 days and after conviction till the jail sentence was suspended he remained in jail for a period of about three months and 20 days - Incident took place in 1997 and accused was on bail during trial and also during appeal - No purpose would be..........
