Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Custody of accused required for recording his confessional statement in terms of what co-accused already stated in the statement u/s 161 Cr.P.C. - Purpose of custodial interrogation is not just for the purpose of confession..........
Indian Penal Code, 1860, Section 279, 336, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner already undergone imprisonment for 3 months and 1 day as against sentence of 2 years - He is first time offender and is facing agony of criminal proceedings since 2009 - There is no other case pending against him - Taking into account protracted trial,..........
Indian Penal Code, 1860, Section 506 -- Accused intimidated and threatened victim not to disclose incident of kidnapping and sexually assaulting her to anyone - Offence u/s 506 IPC proved...........
Indian Penal Code, 1860, Section 376, 354 -- Nature of offence - Victim was forcibly abducted and taken by accused to his room, where she remained confined for quite some time - Biting on upper and lower lips of victim by accused and touching her private parts by his finger proved on record - Accused convicted u/s 354 IPC...........
Indian Penal Code, 1860, Section 363, 354, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Abduction - Outraging modesty of woman - Sentence - Accused sentenced to 2 years R.I with fine of Rs.2,000 u/s 363 IPC, in default of which he will further undergo 2 months imprisonment and sentenced to undergo 1 years R.I u/s 354 IPC with fine of Rs.1,000..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Prosecutrix had no occasion or motive to falsely implicate accused for grave offence of rape - By launching prosecution, she faced a risk of putting her own reputation in society at stake - Defence set up by accused that he is falsely implicated due to money dispute between them is not probable, as no..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence with prosecutrix - Incident..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Eye witness of incident stated that accident took place due to rash and negligent driving of accused resulting in death of his brother on the spot - Testimony of eye witness is corroborated by medical evidence - Impact of accident was so intense that vehicle rotated and turned..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Testimony of eye witness - Presence of eye witness on the spot is doubted by defence - Minor discrepancy as to disclosure of time of start of journey of deceased as well as eye witness, would not put dent into prosecution case, when testimony of eye witness is recorded after..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Identification of accused - Complainant identified accused in Court - No reason, motive or any enmity, whatsoever, has been put forth by accused that he has been falsely implicated in the case - Even owner of vehicle not taken any plea that his vehicle is not involved in..........
