Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Indian Penal Code, 1860, Section 376 -- -Rape - Quantum of sentence - Caste of accused is per se not a consideration for showing leniency in cases of such offences...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty can vary depending upon respective matrimonial cases - So it is impossible to have a uniform standard to decide `mental cruelty' in different cases as facts and circumstances are not same...........
Indian Penal Code, 1860, Section 307, 324, 342, 452, 149, 148, 147, 506 -- Attempt to murder - Quashing of FIR - Allegation that accused allegedly entered into the house of complainant and gave knife blows, not supported by any of villagers including neighbours of complainant - There is family dispute between two parties which resulted in filing of two cases by wife..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Fact that accused has no antecedents, is no consideration by itself for deciding whether accused will fall in the category of `rarest of rare' cases...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Prevention of Corruption Act, 1988, Section 13(1)(b), (2), Indian Penal Code, 1860, Section 120B -- Assets disproportionate to known sources of income - Quashing of FIR - It is desirable that FIR pertaining to corruption cases cannot be quashed at the stage of investigation, as it is difficult to form an opinion conclusively at the stage of investigation that public..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
