Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 363, 376, 114, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 5L, 6, 17 -- Kidnapping and rape - Abetment of offence - Accused neither aided the commission of offence employed, harboured nor transported the child by coercion by aiding the commission of crime - He was not even present during the commission of offence..........
Indian Penal Code, 1860, Section 376A, 302, 404 -- Rape and murder - Modification of sentence - Accused is 38 years old, having undergone 8 years of imprisonment and he has two minor children and a wife to look after and there is no other person in the family to look after three of them - However, considering diabolic and depraved manner in which accused took victim to a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Accused might have abused complainant but such abuse by itself and without anything more does not warrant subjecting accused to face a trial, particularly clear ingredient of intentional insult of such a degree that it could provoke a person to break public peace or commit any other offence - Offence u/s 504 IPC..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Allegation in the FIR is that accused beaten up complainant for which he sustained multiple injuries - However, nature of hurt suffered by complainant in the process is neither reflected from first FIR nor charge sheet - Accused had the injuries suffered by him treated immediately after the incident - Offence..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of eye witnesses - Testimony of eye witnesses recorded after gap of four years - Minor contradictions or variations are normal - Trial Court erred in basing acquittal of accused on these immaterial inconsistencies more particularly when factum of dispute between parties was even..........
