Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Res gestae - Murder - Prosecution alleged that PW7 was first person who reached the spot - However, PW7 turned hostile before Court and stated that she was not there on the spot at the time of occurrence and when she reached there deceased had already died - Evidence of PW7 not reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained weapon not proved - Motive of crime as alleged by prosecution also not proved - Blood stains found on the materials not matched by prosecution with blood sample of victim - Evidence of PW1 is hearsay evidence and on the basis of which conviction cannot be recorded - Prosecution failed to prove its..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 363, 366, 506 -- Aggravated penetrative sexual assault - Kidnapping - Accused committed rape upon victim and threatened victim to face dire consequences in case she discloses this incident to anyone - Victim became pregnant and gave birth to male child - She was about 13..........
