Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
Indian Penal Code, 1860, Section 398 -- Offence u/s 398 IPC - To attract S.398 IPC, prosecution has to show that accused were in fact attempting to commit either theft or extortion and at that time they were armed with any deadly weapon...........
Indian Penal Code, 1860, Section 398 -- Offence u/s 398 IPC - Accused allegedly were found in possession of two iron rods and two knives, which were concealed inside the car - However, unless there is evidence to show that accused were attempting to commit robbery, S.398 IPC not attracted - Prosecution miserably failed to prove ingredients of S.398 IPC - Accused acquitted...........
Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Business dealing between parties - Case regarding dishonor of cheque u/s 138 of N.I. Act already filed - It is thus, just and expedient to release petitioner on bail - Anticipatory bail granted to petitioner...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of sexual offence is not an accomplice, but is in the same status as an injured witness...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction may be founded on uncorroborated version of a victim provided her evidence is reliable...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused was known to prosecutrix and consequently latter could not have suspected his evil intention when he initially entered the house - Suddenly, accused caught her and gagged her mouth and raped her - Thereafter, accused threatened prosecutrix by saying that he kept secret machine in the room and would kill her and her..........
Indian Penal Code, 1860, Section 376 -- Rape - Modification of sentence - Maximum sentence of life imprisonment imposed upon accused - Accused did not appear to have criminal antecedents - Balancing aggravating and mitigating facts, life imprisonment held, modified to R.I of 7 years with fine of Rs.10,000 in default to suffer R.I for 6 months more...........
