Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Dispute regarding re-payment of loan - Prima facie there is no material to show that accused has instigated deceased to commit suicide - Order framing charge quashed...........
Indian Penal Code, 1860, Section 323, 384, 506 -- Offence u/ss 323, 384, 506 IPC - Time, place and manner of incident forthcoming from witnesses are not only consistent but also in tune with their respective statements recorded u/s 161 Cr.P.C - Nothing could be elicited by defence to shake the credibility of PWs - Version of informant is akin to FIR story as well as..........
Indian Penal Code, 1860, Section 323, 384, 506, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 323, 384, 506 IPC - Benefit of probation - Incident occurred in 1994 when accused was only 43 years old and now he is 73 years old - Case is disposed of after 30 years - Keeping in view of age of accused, he be released on admonition under Probation of Offenders Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Slight contradictions between PWs regarding deposit of case property but same could be due to error of memory - In the absence of proof of seals being broken, chances of tampering are not there and no prejudice can be said to have been suffered by accused on this count...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness at the time of recovery is not fatal to prosecution case, if evidence of official witnesses is reliable - Moreover, solely on this issue, no benefit can be extended until some prejudice suffered is brought on record by accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of S.52-A of the Act - Prosecution failed to produce any material with certainty that FSL report is in regard to bulk residue parcel submitted before Magistrate which was lying without opening and preparing its sample as per provision of law - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Search was effected from the bag which was lying near the driving seat of vehicle and search was not of person of accused - Question qua non-compliance of S.50 of the Act does not arise...........
