Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Factum of selling utensils at a lower price cannot by itself lead to conclusion that accused was aware of theft of those articles seized from him...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Initial possession of goods in question may not be illegal but retaining those with knowledge that it was stolen property makes it culpable...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Where it is not established that accused dishonestly received stolen property with knowledge and belief that goods found in his possession were stolen, conviction of accused u/s 411 IPC cannot be sustained...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Prosecution failed to establish that accused had knowledge that articles seized from his possession are stolen goods - Disclosure statement of one of co-accused cannot be accepted as proof of accused having knowledge of utensils being stolen goods - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 511 -- Rape or attempt to rape - Statements of informant and victim regarding commission of offence of rape appears to be clear improvement in prosecution version - However, there is specific allegations in the FIR regarding attempt to rape - Medical examination of victim shows that there were two marks of abrasion as also two marks of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - No evidence on record except last seen evidence against accused - Even, evidence of last seen has not been proved by prosecution as required under law - Prosecution has utterly failed to establish its case beyond all reasonable doubts and chain of events concluded that guilt of accused is not complete - Benefit of doubt..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Prosecutrix categorically stated that accused entered into physical relationship with her, despite her reluctance, refusal and denial - Passive submission on the part of prosecutrix to the act, cannot be construed as a circumstance to hold that it was a case of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
