Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Murder - Mere acceptance of a part of `supari' amount would not ipso facto mean that, accused was actually involved in an occurrence which admittedly took place after he had already been apprehended by police...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 8 -- Double murder case - Motive - Prosecution stated that there was a motive for co-accused and accused to eliminate deceased, as it is deceased who had gotten son of co-accused killed in an accident - However, this fact has not been narrated either by son of deceased nor by nephew of deceased -..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 32 -- Double murder case - Complaint as dying declaration - Xerox copy of complaint written by deceased `M' prior to his death to police, produced by son of deceased regarding threats from accused - However, said complaint does not mention accused - Complaint does not prove the fact that accused..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Double murder case - Conviction cannot be based only on the ground that alleged accused has absconded - Since there is lack of evidence with regard to accused being a conspirator, his conviction only on the basis of fact that he had absconded from his home cannot be basis for convicting him for alleged offences - Accused..........
