Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 153, 188, 505, 506, 124A -- Statements promoting enmity - Anticipatory bail - After grant of interim bail, petitioner again repeated the same offence - Keeping in view nature and gravity of offences, petitioner declined to benefit of anticipatory bail - No merits - Application dismissed...........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of 9 years old minor girl - There is no allegation of rape either in FIR or in statement of prosecutrix and her mother - Prosecutrix stated about rape for the first time after one month of incident in her statement recorded u/s 164 Cr.P.C. - Medical evidence not supporting prosecution case, as there is no injury found..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 341, 325, 506 -- Plea of alibi - Time of occurrence of incident 6:30 PM - Accused a Water carrier and through testimony of defence witness, who was posted as JBT Teacher testified that on the date of occurrence of incident, accused was present in school till 4:00 PM - Distance from school to spot of crime is..........
Indian Penal Code, 1860, Section 341, 325, 506 -- Offence u/ss 341, 325, 506 IPC - Plea of alibi - Complainant does not ascribe any particular role to accused - Testimony of daughter of complainant is also to similar effect - However, accused on the date of incident was present in the school where he was posted, which fact is corroborated by record of attendance - Since..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Testimony of PW1 proves that offence of criminal intimidation was committed by accused, as accused gave abuses and warnings - Deposition of PW1 not shattered by defence - Accused rightly convicted u/s 506 IPC...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Prosecutrix stated that accused a taxi driver taken her to a secluded place and committed rape upon her and threatened her - Statement of prosecutrix read with medical evidence and report of DNA analysis conclusively proves that accused had committed rape upon prosecutrix forcibly - Mere fact..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - In order to attract the offence u/s 506 IPC, threat must be with intent: (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat or; (iii) to cause that person to omit to do any act which that person..........
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149 -- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no avail, as..........
