Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Indian Penal Code, 1860, Section 376, 354, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 9(i), 9(n) -- Rape of minor girls by their biological father - Minor victims had given a history of sexual assault to PW12 but not of penetrative sexual assault - There is no injuries on their person or genital, on their examination by doctor - Offence u/ss 376..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - PW19 who claims that deceased made an extra-judicial confession before him though declared hostile however prosecution relied upon a part of his testimony - Appellant had worked in PW19's shop only for five months and appellant was otherwise not known to PW-19 -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - Prosecutrix herself stated that at one point of time family members of two had met to discuss about their marriage but nothing final could be reached regarding their marriage - It was only thereafter that FIR was lodged and that too after two years from the alleged incident which itself is suggestive of consensual..........
Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, Indian Penal Code, 1860, Section 376(2), 328, 450, 354B -- Sexual assault - Love affair between victim girl and accused - Victim was 14-15 years old at the time of incident - She repeatedly refused to have a sexual intercourse with accused - However, accused had mixed some intoxicated element in the..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10, 8, Indian Penal Code, 1860, Section 354, 354A -- Offence u/ss 9(m), 10, 8 of POCSO Act and Ss.354, 354-A IPC - Victim on the date of offence was below 12 years of age - Accused has neither disputed birth date of victim nor birth certificates of victim - Victim narrated incident to her parents when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused being Assistant Director of Agriculture demanded bribe from complainant for renewal of licence to run a fertilizer shop - On the date of trap application for renewal of licence was seized from accused - Amount was thrown on the floor by accused when he saw the..........
