Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is not appearing for her examination in trial - Non-bailable warrants issued against prosecutrix to secure her presence - Trial of case is being delayed - Keeping in view of her conduct and that it is likely to take some more time before same is completed -..........
Indian Penal Code, 1860, Section 65 -- Default sentence - Cannot be awarded in excess of 1/4th of maximum punishment prescribed for a concerned offence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed by Magistrate is in accordance with materials produced before him or subsequent evidence which comes on record - Defence of accused is to be seen at the trial, not at the time of framing charge - For purpose of framing of charge Court only needs to prima facie..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Merely because wife had lodged complaint u/s 498-A IPC in police station that itself would not be a ground of cruelty, particularly when husband has forwarded number of complaints to police authorities only with view to give counter blast to complaints u/s 498-A IPC lodged by wife...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim is a minor under 18 years of age - Neither accused could have taken her from her parents nor consented to sexual intercourse - Victim left her family of her own - Even earlier, victim had stayed out of her home for six days - Victim was bold enough to declare that..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - No evidence on record to show about any conduct of accused which may be regarded as instigation - Though suicide note written by deceased mentioned about some land transaction and money transactions with accused - However, such transactions may have caused loss to deceased but same cannot be regarded as any..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - Love affair between accused and deceased for some time and prior to incident they broke up - Accused was pursuing to continue with the affair in which deceased was not interested - There is evidence of witnesses that deceased earlier warned accused that if he continues to harass her, she will..........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Offence against company - Petitioner does not represent accused/company in any capacity and has no nexus with its administration, control and functioning - Whether a prima facie case has been made out against accused company in the complaint itself is beyond..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 413, 408, 406, 411, 120B, Information Technology Act, 2000, Section 43, 66, 66B, 66D -- Bail - Cheating - No specific allegation against petitioner - Petitioner has no criminal history - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early..........
