Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304(Part II) -- Benefit of probation - Offence u/s 304(Part II) IPC - Accused has no criminal antecedents and is first offender - He has statutory right for claiming benefit of beneficial legislation and Trial Court was under a duty to consider applicability of S.360 Cr.P.C or S.4 of P.O Act -..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Accident - Collusion between motorcycle and car - Accident occurred due to rash and negligent driving of accused - Presence of eye witness/injured witness on the spot proved on record - Guilt of accused proved on record - However, since accident was not intentional, therefore, sentence awarded..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 34 -- Second anticipatory bail application - Cheating - Proclamation u/s 82 Cr.P.C already issued against accused - Contention of accused that accused can be declared as proclaimed offender only in terms of S.82(4) Cr.P.C, rejected, as procedure adopted u/s 82(4) Cr.P.C is not different..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Determination of age of victim - Evidence of approximate age cannot take the place of proof of exact age...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecution failed to prove that victim was below 18 years of age - Victim was in consensual relationship with accused - Accused acquitted...........
Indian Penal Code, 1860, Section 366A -- Kidnapping - There is no case of prosecution that minor was induced to go for purpose of illicit intercourse with another person - Conviction of accused u/s 366-A IPC held, illegal...........
