Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misusing the liberty granted to accused - Accused fired gun shots at the house of complainant while he was on bail - Case registered against accused u/ss 307, 336 & 34 IPC and Ss.3, 25 of Arms Act - Offence found to be proved against accused and he is absconding from his ordinary residence - It is a..........
Indian Penal Code, 1860, Section 147, 447, 332, Probation of Offenders Act, 1958, Section 4(1) -- Offence u/ss 147, 447 & 332 IPC - Benefit of probation - Petitioners were facing the judicial proceedings for the last 26 years - It is not proper to send them behind bars at this stage after 26 years - Petitioners ordered to be released on probation of good conduct...........
Indian Penal Code, 1860, Section 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Divorce by mutual consent - Criminal proceedings initiated before grant of divorce - After grant of divorce no further dispute survived between parties, though it was not so expressly recorded in the order - No liberty was reserved by wife to continue further proceedings against..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Sole eye witness - Prosecution produced two witnesses of fact who are parents of deceased out of which PW2 is not examined properly due to his old age and illness - Entire prosecution case rests on sole testimony of PW1 which apparently suffers from various contradictions and embellishment making the prosecution..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 2 -- Dowry demand - Demand made by accused for running a showroom of shoes cannot be termed to be demand in connection with marriage and is not a dowry demand within the meaning of S.2 of Act...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased committed suicide by consuming poison within three years of her marriage - Testimony of all PWs regarding harassment to deceased on account of dowry death vague and general - No evidence on record to prove that `soon before her death' deceased was subjected to cruelty or harassment on account of demand of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence on record proved that deceased was subjected to harassment though not in connection with dowry demand but for other purposes - Dying declaration of deceased shows that she committed suicide by taking 4 tablets of sulphas - It is highly improbable that deceased would have taken extreme step of committing suicide if..........
Indian Penal Code, 1860, Section 363, 376, 506, 509 -- Kidnapping and rape - Accused lured the prosecutrix on the pretext of repaying the loan taken by him from her mother and took her to a secluded place, where he committed rape upon her - Age of prosecutrix was admittedly less than 18 years while age of accused is 33 years - Accused not only committed rape but also..........
Indian Penal Code, 1860, Section 363, 376, 506, 509 -- Kidnapping and rape - Plea of consenting party - Prosecutrix was less than 18 years of age whereas accused was of a mature age i.e almost double the age of prosecutrix - Plea of accused that prosecutrix was consenting party repelled in view of conduct of accused who first of all created trust in family of prosecutrix..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
