Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B -- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of..........
Criminal Procedure Code, 1973, Section 401, 482 -- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court while setting aside order of..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20, Indian Penal Code, 1860, Section 455 -- Plea of juvenility - Raised for the first time in Supreme Court - State admitted age of accused as on date of offence and they were juveniles on the date of occurrence - Incident occurred almost 2 decades back - Entire proceedings including punishment/sentence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Interested witnesses - Motive of crime is clear as on previous day of occurrence also, parties met at police station regarding some issue - Evidence of ocular witnesses narrates guilt of accused beyond reasonable doubt and corroborates with medical evidence - Testimonies of interested witnesses provided clear picture of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witness/PW3 - PW3 narrated incident that deceased was attacked by accused explaining role played by each of accused - Evidence of PW3 also credible and corroborated with medical evidence - Evidence of PW3 cannot be disbelieved merely on the ground that DW1 stated that on the date of incident PW3 was..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Rupture of hymen is not the conclusive proof of sexual intercourse, as it can be ruptured by any other mode than sexual intercourse...........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2002, Section 3, 4 -- Rape - Determination of age of prosecutrix - Best important documentary evidence to determine age of prosecutrix not coming on record - Reasons not supplemented by prosecution for not producing said record - Adverse inference thus, drawn against prosecution - As..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2002, Section 3, 4 -- Rape - Prosecutrix was in habit of leaving the house and she herself admitted that she was knowing the accused and used to talk to him and they used to meet regularly - No evidence on record to show that under coercion prosecutrix left her house - Prosecutrix..........
