Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix herself stated that she went with accused on her own will and she was living with accused as his wife and is blessed with two sons - Prosecution failed to prove that age of prosecutrix was less..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused assaulted deceased with an iron locking plate without any provocation and premeditation - There was no motive and over act attributed to accused - Factum of prior treatment of accused is not in dispute which is corroborated by AW2 on more than one occasion - Report of Government Doctor AW1 is..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Allegations against mother-in-law and father-in-law - General allegations levelled against accused persons - No overt act attributed to accused - Even, no case is made out from dying declaration of deceased against accused persons - Mother-in-law and father-in-law..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Two dying declarations - Dowry death - Allegations against husband - Accused is in jail for more than 17 years - No allegations made by wife against husband in her first dying declaration - However, allegations are levelled against husband and his parents..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34 -- Murder - Circumstantial evidence - Last seen theory - There is gap of five days from the date on which deceased was taken away by accused and dead body was recovered - However, prosecution failed to prove that dead body was recovered at the instance of A-3 - Last seen evidence not proved...........
