Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394, 397 -- Delay in lodging FIR - Offence u/ss 394, 397 IPC - Occurrence took place in the intervening night of January when nights are extremely cold and foggy - Besides, on the next morning after covering distance of 14 kilometers reaching police station with three injured persons cannot be..........
Indian Penal Code, 1860, Section 394, 397 -- Delay in lodging FIR - Offence u/ss 394, 397 IPC - PWs stated that accused and complainant were known to each other previously but accused had not muffled their faces - Accused were allegedly recognized in the light of torches - However, availability of torches is doubtful - Prosecution story as stated by two injured witnesses..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
Indian Penal Code, 1860, Section 498A, 406, 419 -- Offence u/ss 498-A, 406, 419 IPC - Order taking cognizance - A bare perusal of complaint revealing that it is not devoid of allegations against petitioners - Certain overt-acts have specifically been attributed to petitioners - Uncontroverted allegations against petitioners available in the material on record sufficient..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Delay of more than 3 days in lodging FIR - Dowry death - No whisper in the statement of informant that he was illegally detained by accused persons in their house or he was compelled to sign blank papers or he was grief stricken..........
Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - Neither there is evidence of unnatural death of deceased nor there is any evidence of demand of additional dowry, nor there is any evidence of cruelty for demand of dowry "soon before her death" - PWs not supported the prosecution..........
Indian Penal Code, 1860, Section 341, 323, 307, Arms Act, 1959, Section 5, 27, 30 -- Fire arm injury - No report of expert that gun was in working condition and had been actually used at the time of occurrence - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 376(2)(f), 377 -- Rape of minor girl aged 7 years - Unnatural offence - Post-mortem report and D.N.A test of deceased conclusively establishes commission of natural and unnatural sexual acts on deceased by accused - Deceased happened to be in care and custody of accused - High Court perfectly justified in imposing maximum sentence of life..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death of seven years old girl on account of beating by accused - Injuries which were caused by accused on the day of incident were either on skull or hand or thumb - None of injuries could reasonably lead to conclude that said injuries caused asphyxia as deposed by Doctor - Liability of accused in such a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 352, 457 -- Quashing of Compliant - Magistrate has given a categorical finding that there are sufficient grounds to proceed in the matter - At this stage it cannot be said that no offence is made out against applicant - Disputed questions of fact arise between parties, which cannot be..........
