Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 354A, 323, 506 -- Anticipatory bail - Granted with conditions - Offence u/ss 452, 354-A, 323, 506 IPC - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate - Granting bail, subject to said condition renders Courts susceptible to charge of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was raped by accused on rough surface - However, said fact is belied by Doctor who examined her, as she did not notice even a single abrasion on person of prosecutrix - Claim of prosecutrix that her bangles were broken at the scene of offence not supported by spot..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to ill feeling between deceased and A-1 - A-1 provoked with sudden anger at the spur of moment and on the pit of such uncontrollable anger, he overpowered deceased by sitting over his chest and called A-2 to assault him - A-2 who was present at the nearby place came with an axe..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Incident occurred in the dead of night when about 70 persons had gathered at the house of deceased - Presence of accused is established at the place of occurrence - PW1 stated that criminals stayed there for about 2 hours and maarpit continued for about 1 hour - It is thus, apparent that when criminals came to..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Nature of injuries caused to deceased do not indicate common object of unlawful assembly was to cause death - It is also not established that accused had knowledge that death would probably be caused in occurrence - Deceased thus, suffered grievous injuries in the occurrence - Accused have suffered serious..........
Indian Penal Code, 1860, Section 376(2)(i) -- Rape of physically challenged girl - Prosecutrix in her evidence and in her statement identified accused as perpetrator of crime of rape - Evidence of prosecutrix is corroborated by her mother - Accused on their interrogation made a voluntary confession of committing rape upon prosecutrix - Evidence of prosecution is found to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 406, 468, 500 -- Anticipatory bail - Cheating - Allegation that accused dishonestly induced complainant to deliver huge sums of money running into crores of rupees making him believe that he would be made a partner in business venture started by accused - What exactly the transaction and..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cancellation of bail - Cheating - Allegation against accused are very serious of tampering and/or manipulating Court record and accused has taken benefit of such forged manipulated Court order in another case - Charge sheet is filed against accused and even charges..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
