Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 201, 120B -- Bail - Cheating - Petitioners along with accused persons cheated many innocent persons and illegally usurped huge amounts from them on pretext of managing jobs for them - There is possibility that in case petitioners are enlarged on bail they may flee from justice..........
Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive sentence already undergone by accused - Accused is a young person and only bread earner in the family - He is in jail since 2018 - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive period already served in jail by accused - Accused is a young person and only bread earner in the family - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Testimony of sole eye/child witness - Name of accused not mentioned in FIR - Contradictions were found in statement of child witness - Mother of child and wife of deceased has categorically denied to know reason for which deceased was murdered - Motive of crime thus, not proved - Guilt..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Two accused were acting in furtherance of common intention and their act is gang rape - Medical evidence supported prosecution case - Nothing on record to say that prosecutrix deposed against her dignity to falsely implicate accused - Though there is delay of two days in lodging report, but merely on such delay,..........
Indian Penal Code, 1860, Section 509 -- Offence u/s 509 IPC - Merely insulting a woman is not sufficient - Insult to modesty of a woman by spoken word, gesture or physical act is an essential ingredient of an offence punishable u/s 509 IPC...........
Indian Penal Code, 1860, Section 509 -- Offence u/s 509 IPC - Verbal attack of insulting modesty of a woman is punishable u/s 509 IPC...........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 509 IPC - Quashing of FIR - Accused allegedly invited victim lady, a stranger to him to accompany him on motorcycle during night time - He also made sexual gesture to victim with middle finger of his hand - Such an act cannot be considered as trivial in nature - Prima facie it..........
