Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint u/s 498-A IPC filed by wife does not loses its significance merely because it was filed after receiving divorce notice from husband...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - False promise of marriage - At the stage of considering bail plea, it is neither appropriate nor feasible for Court to draw any conclusion much less to return any finding as to whether promise of marriage made to prosecutrix was false and in bad faith with no intention of..........