Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420 -- Delay in lodging of FIR - Cheating - Complainant immediately after the occurrence had approached competent authority and furnished information about wrongful withdrawal of Rs.40,000 from his account through ATM - Therefore, there has been absolutely no delay in getting FIR registered...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Quashing of FIR - Compromise - Partial quashing or part quashing of FIR only qua accused with whom complainant has compromised or settled the matter can be allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 8 years old girl - Victim categorically stated in her statement recorded u/s 164 that accused committed oral sex with her, which amounts to rape - At the stage of bail, it cannot be presumed that she has..........
Indian Penal Code, 1860, Section 363, 370, 120B, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 80, 81 -- Offence u/ss 363, 370, 120-B IPC and Ss.80, 81 of JJ Act - Order of framing of charges - Male child was transferred by accused in exchange of Rs.5 lakhs that was paid to poor family wanting to give up child for adoption - Exchange of money..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506(1) -- Quashing of proceedings - Compromise - Offence u/ss 498-A, 323, 506(1) IPC - Dispute is private in nature and parties have voluntarily agreed to settle the dispute and there is no coercion undue force on them for arriving at settlement - Offence alleged not serious in nature..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Husband of prosecutrix denied the rape of his wife by accused and he stated that there was no commotion or shout of protest which he could hear in the house when he came back, on the date of alleged incident in question - Charges against accused not proved - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 120B, 201 -- Murder - Capital punishment - Challenge on ground of denial of fair trial - Accused persons allegedly poured kerosene and burnt deceased thereby committing gruesome act of murder - Accused did not get proper opportunity to respond to all incriminating evidence available against him in proper manner, resulting into..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim sustained a grievous injury on vital portion of body - Said injury was life threatening as opined by doctor and in the ordinary course of nature said injury was sufficient to cause death - High Court committed error by reducing the sentence of accused to period already undergone by him - Merely because..........
