Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - I.O arrested accused during pendency of bail application u/s 438 Cr.P.C - Arrest of accused is in total violation of directions of Full Bench which held that persons who are involved in offences in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Bail - Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - Maximum punishment that can be imposed in the case is below 7 years - Accused was arrested on 21-4-2020 - S.354-A IPC is bailable - Whether offences..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 386, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused and prosecutrix are in their forties and accused was already married and on false promise of marriage he committed rape and solemnized marriage with prosecutrix and continued to live as her husband for some time - Both..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Not available to aggressor party who commenced assault on the complainant party - Two theories (of being aggressors as opposed to exercise of right of private defence) are antithesis to each other...........
Indian Penal Code, 1860, Section 326, 304(Part I), 148, 99 -- Nature of offence - Free fight between parties - Injuries caused to both sides - Right of private defence taken by accused - Accused party had assembled at the spot with lethal weapon and all accused were waiting for complainant party to arrive at the spot and started assaulted complainant party - Blows..........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Superficial injuries on person of accused even if remain unexplained, will have no bearing on prosecution case...........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Accused sentenced to undergo S.I for 10 years u/s 304(Part I) IPC and 6 months S.I for offence u/s 148 IPC and fine of Rs.100 on each count in default to undergo 15 days additional S.I - Both sentences to run concurrently - Accused also directed to pay compensation to the tune of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
