Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Accused being a public servant misappropriated public amount - PW5 has deposed that accused was responsible for non-crediting amount in savings accounts of customers - Testimony of PW5 is reliable - Accused rightly convicted u/s 409 IPC...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Reduction of sentence - Accused was in judicial custody for 5 months - Case was lodged in 1982 and since then accused had to continue and pursue with appeal - Accused has been pursuing criminal case and criminal appeal for more than 34 years - He has suffered mental pain and agonies - Accused was placed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - It is not in dispute that there is no suicide note of deceased - No overt act has been attributed to present petitioner to show that petitioner had instigated or aided commission of suicide - FIR has been registered on account of doubt/suspicion and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 325, 326, 147, 148, 149 -- Anticipatory bail - Murder - Accused not named in two charge sheets filed - CBI is relying upon statements of five PWs, but statement of two witnesses belatedly recorded and other witnesses not named the accused - Anticipatory bail granted - However, accused..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - A-1 and A-2 being father and son went to place of deceased in mid night with a common intention - Three eye witnesses to incident are consistent and fully supported the case of prosecution - Once High Court found all three eye witnesses trustworthy and reliable and in fact confirmed the conviction of..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, concept of deception must exist from very start of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record that petitioners collected blood sample with an intention of cheating and subsequently issued an incorrect test result with a mens rea of cheating him - Element of cheating was thus, not there while collecting blood sample or while issuing test result - Proceedings against accused u/s 420 IPC quashed...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Accused threatened complainant and his wife when complainant questioned accused about fault result of blood test - He thus, criminally intimated them - Offence u/s 506 IPC is made out against accused...........
