Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Order declaring proclaimed offender suffered from vice of non-compliance of provisions of S.82 Cr.P.C. - FIR registered solely in compliance with said order which in itself is legally unsound cannot stand on its own - FIR quashed...........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 IPC - Victim and accused both are major and victim had left her home with accused willingly and is living with him as a married woman - No offence u/s 366 IPC is made out...........
Indian Penal Code, 1860, Section 302 -- Murder - Lack of prior preparation to commit the murder does not fulfill the essential ingredients of S.300 IPC - Conviction of accused u/s 302 IPC seems to be not appropriate...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused committed the crime in question without any premeditation but the same was committed owing to a sudden fight preceded by a sudden altercation - Accused might have had the knowledge that the said act would likely cause death, but probability of death was not such, which could show that accused..........
Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Rape of minor girl - Compromise - In a case involving rape with a minor girl, compromise arrived at by accused with victim and her parents has no legal value and cannot be given effect to...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Victim was five years of age on the date of occurrence - Neither victim nor her parents supported prosecution case - Though, injury has been found on the private part of victim but whether this injury has been caused by rape by accused could not be proved by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
