Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Non-examination of independent witness - Incident occurred in the house of complainant surrounded by houses from all the sides - It is highly unlikely that on complainant having raised loud hue and cry, no one else except examined related and interested PWs, would have arrived at the place of..........
Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Prosecution has intentionally tried to conceal the real genesis of the case - Prior altercations between family of accused and complainant and possibility of false implication of accused cannot be ruled out - From the discrepancies and inconsistencies in evidence of PWs, it can be concluded that..........
Indian Penal Code, 1860, Section 458, 342, 380 -- Offence u/ss 458, 342, 380 IPC - Temple properties were seized from accused in the presence of PW5 - No explanation or any reason was given by accused for having possession of temple properties - Accused rightly convicted - However, trial Court without supporting any evidence and materials relied upon pending cases against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 365, 458, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 365, 458, 148, 149 IPC - Compromise - Quashing of FIR - Matter between parties amicably settled - Offences in question though non-compoundable, however, prosecution qua non-compoundable offences can be closed by quashing FIR and consequent proceedings - FIR along..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Indian Penal Code, 1860, Section 458, 323 -- Offence u/ss 458, 323 IPC - Compromise - Accused and complainant settled their disputes - Offence u/s 323 IPC is compoundable, however, offence u/s 458 IPC for which accused is charged is not compoundable even with permission of Court - Since offence u/s 458 IPC does not prescribe any minimum punishment, there is no restriction..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 436 -- Quashing of proceedings - Compromise - Offence u/ss 458, 436 IPC - Complainant and petitioners have already entered into compromise - There is no possibility of conviction of accused for offence punishable u/ss 458, 436 IPC - Proceedings quashed...........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
