Indian Penal Code, 1860, Section 364, 368 -- Kidnapping of 3 years old male child - Complainant and his wife not even uttered a single word that child was kidnapped by accused - Even, I.O has not stated that child was kidnapped by accused in order to commit murder or accused had knowledge that child was kidnapped or that child remained in custody of accused for a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 411 -- Bail - Offence u/s 411 IPC - Accused who is under trial prisoner has already suffered detention more than 50% of maximum period of punishment if at all to be imposed if found guilty - Accused a foreign national and validity of his visa is going to expire soon - In case of failure on part of..........
Indian Penal Code, 1860, Section 364A, 365 -- Nature of offence - Kidnapping of 1-1/2 years old girl - Factum of asking ransom from a particular phone number not proved - Admission of accused though a weak piece of evidence, that there was kidnapping because of threat given, it is offence u/s 365 IPC - Conviction of accused converted from S.364-A to S.365 IPC - Sentence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is not appearing for her examination in trial - Non-bailable warrants issued against prosecutrix to secure her presence - Trial of case is being delayed - Keeping in view of her conduct and that it is likely to take some more time before same is completed -..........
Indian Penal Code, 1860, Section 65 -- Default sentence - Cannot be awarded in excess of 1/4th of maximum punishment prescribed for a concerned offence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed by Magistrate is in accordance with materials produced before him or subsequent evidence which comes on record - Defence of accused is to be seen at the trial, not at the time of framing charge - For purpose of framing of charge Court only needs to prima facie..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Merely because wife had lodged complaint u/s 498-A IPC in police station that itself would not be a ground of cruelty, particularly when husband has forwarded number of complaints to police authorities only with view to give counter blast to complaints u/s 498-A IPC lodged by wife...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
