Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Indian Penal Code, 1860, Section 307, 34 -- Nature of offence - Deadly weapons used causing injury near chest and stomach which can be said to on vital part of body - Accused rightly convicted for offence u/s 307 r/w S.34 IPC...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prosecution examined 10 witnesses and out of which there are two injured eye witnesses - Both of them have supported case of prosecution - Even other PWs are consistent in their statements and have fully supported case of prosecution - Testimony of PWs is not doubtful - Accused held, guilty of offence in..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Accident took place on the extreme left side of road - It was the accused himself who was driving offending vehicle and by coming from wrong side, hit the motorcycle of deceased, resulting in death of two persons - Merely because three male persons and one minor girl were..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Accused hit the motorcycle of deceased by coming from wrong side - Two persons have lost their lives and one sustained injuries - It was the accused who solely negligent in causing accident - No case is made out for reduction of sentence - Sentence..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Mere fact that no external marks of injury was found by itself would not throw testimony of prosecutrix over board as it has been found that prosecutrix had washed all tainted cloths worn at the time of occurrence as she was a minor girl...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was appearing 15 to 16 years old - However, as per medical evidence no injury was found on person of prosecutrix and she was habitual to sexual intercourse - Doctor opined that prosecutrix was having five months pregnancy but no definite opinion about rape could be given - Prosecution..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused is languishing in jail for last more than 14 years - No external injury was found on victim - Accused was young man at the time when offence was committed - Keeping in view of theory of doctrine of proportionality, sentence awarded to accused seems harsh - Sentence held, reduced to 14 years R.I..........
Indian Penal Code, 1860, Section 302 -- Murder - Ligature mark in postmortem report categorically goes to show that young girl died on account of asphexia caused due to strangulation - Minor contradictions about timing of accused regarding presence of accused on the spot, will not dislodge prosecution case - Prosecution proved its case - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 34 -- Permission to travel abroad and release passport was dismissed - Offence u/ss 420, 406, 120-B, 34 IPC - Court is required to draw a balance between right of petitioner to travel abroad and also right of prosecution to duly prosecute petitioner so as to prevent him from..........
