Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Indian Penal Code, 1860, Section 376, 450, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence of prosecutrix is consistent with statements made in FIR - Not even a suggestion is given to prosecutrix that there was a consent by prosecutrix - Moreover, contradictions sought to brought on record in evidence of prosecutrix are of insignificant nature..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Delay in lodging FIR - Mere delay in lodging FIR will not help accused in their prayer for bail - Keeping in view age of victim and she having been allegedly put into fear of life,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Parties are in live-in-relationship and they both are major - They claim their decision to be based upon voluntarily will/option - Consequently, no authority or person should intervene or intercept their enjoyment of live-in-relationship - FIR quashed...........
