Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 420, 511, 468, 471 -- Probation - Offence u/ss 420, 511, 468, 471 IPC - Accused had undergone trauma of criminal trial for last so many years - He has no criminal antecedents - None of offences in which accused was convicted, entail the punishment of death or imprisonment of life - Benefit of..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Accused acquitted on the basis of statement of witnesses which did not inspire confidence and were not found to be trustworthy - Courts below came to conclusion by way of detailed and speaking order that prosecution has failed to prove charges against accused beyond reasonable doubt - No interference..........
Indian Penal Code, 1860, Section 376, 493 -- Rape - Victim stated that relationship between her and accused was consensual - She was above 16 years of age at the time of occurrence - Offence u/s 376 IPC not attracted against accused - Conviction and sentence set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - Main offence u/ss 376, 493 IPC not attracted - Accused cannot be convicted u/s 3(2)(v) of SC/ST Act...........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention does not mean that co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence - It can be formed a minute before the actual happening of incidence or even during the occurrence of incidence...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - No allegation that offence under IPC punishable with imprisonment of 10 years or more was committed by an accused of upper caste upon a person belonging to SC community with the knowledge that such person belonged to said community - Prima facie ingredients..........
