Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 465, 471, 477A IPC - If prosecution is legally precluded from proceeding with trial of accused in respect of alleged offences under IPC and evidence collected for proving said offences are so intrinsically connected with allegations under the P.C.Act then certainly without sanction..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Prosecution has to specifically allege and prove the dishonest and fraudulent intention of accused in order to attract all the alleged offences as in the..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Inordinate delay in investigation - Delay of three years in registering case and further four years to file a charge sheet - Besides this, officers who..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - No penetration - No offence is made out...........
Indian Penal Code, 1860, Section 376(2)(f), 376, 511 -- Nature of offence - Rape - No penetration - No offence of rape made out - However, accused undressed himself and also the victim - Accused thus attempted to commit rape and thus committed an offence u/s 376/511 IPC...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Provision of S.149 IPC is no longer available to prosecution for convicting appellants whose number is reduced to 4 consequent upon acquittal of remaining accused persons - Conviction qua appellants u/s 149 IPC set aside...........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Incident occurred without any premeditation and upon a sudden quarrel - Single injury inflicted on vital part of body of deceased - Medical evidence proved that said injury was sufficient in ordinary course of nature to cause death - Injuries upon deceased were inflicted in the heat of passion and without..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - Genesis of incident - Accused contended that incident occurred on account of an attempted act of sodomy by deceased upon accused `J' to which accused `H' had objected resulting in lathi blows being inflicted by two sides, rivals to each other - However, there is nothing on record to..........
Indian Penal Code, 1860, Section 364A, 302, 34, 120B, 201 -- Kidnapping for ransom - Murder - Last seen evidence - Deceased was last seen alive in the company of accused Nos.5 & 3 - It is for the accused to explain how and when they parted company of deceased - No explanation is forthcoming from accused which is a strong militating circumstance against them which indicates..........
