Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident - A girl of 3 years was on the road without any assistance of any adult - Statement of accused u/s 313 Cr.P.C. that all of a sudden the girl came in the middle of road - Appears to be plausible - There is nothing to infer that accused was responsible..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Accused was declared juvenile by JJ Board, as he was 12 years, 11 months and 5 days at the time of accident - He was in judicial custody for a period of about 2-1/2 years..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504, 506 IPC and Ss.3/4 Dowry Prohibition Act - Parties amicably settled the dispute - Proceedings arise from a matrimonial dispute, which is of a personal nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Accused drove the vehicle on the wrong side of road in a rash and negligent manner and dashed against the deceased - Evidence of father of deceased is corroborated with contents found in the complaint - Eye witness evidence and sketch report shows that accused went to wrong side and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Indian Penal Code, 1860, Section 399, 402 -- Offence u/ss 399, 402 IPC - Accused along with four other persons assembled in a lonely place in the odd hours of night - Some articles were recovered from accused - However, that by itself cannot be said that articles seized from possession of accused can be utilized only for purpose of committing dacoity and for no other..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation that accused threw stone twice on deceased and caused injuries on her head on account of which she died - However, accused was not carrying stone used in the offence with an intention of throwing at deceased during course of journey, as he picked up stone immediately before the incident -..........
Indian Penal Code, 1860, Section 376 -- Rape of mentally retarded girl - Prosecutrix did not support the prosecution case - She did not narrate even a single word against accused and about the incident - Even, mother of prosecutrix also did not support prosecution case - In absence of such evidence and in view of fact that victim was not even declared hostile by..........
