Indian Penal Code, 1860, Section 420 -- Cheating - Prima facie reading of FIR does not disclose commission of a cognizable offence of cheating - Intention to cheat from the beginning could not be made out from the complaint - Even, there is no whiff of any dishonesty or intention to deceive in any of statements of witnesses as recorded by police - Offence u/s 420 IPC not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 42 -- Rape - Sentence u/s 376 IPC and S.4 of POCSO Act - Accused cannot be sentenced under both the provisions of IPC and POCSO Act, which is impermissible in view of S.42 of POCSO Act - On sentence being inflicted u/s 4 of POCSO Act, sentence u/s 376 IPC was uncalled..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Order declaring proclaimed offender suffered from vice of non-compliance of provisions of S.82 Cr.P.C. - FIR registered solely in compliance with said order which in itself is legally unsound cannot stand on its own - FIR quashed...........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 IPC - Victim and accused both are major and victim had left her home with accused willingly and is living with him as a married woman - No offence u/s 366 IPC is made out...........
Interpretation of Statutes -- A penal statute must receive strict construction...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Indian Penal Code, 1860, Section 302 -- Murder - Lack of prior preparation to commit the murder does not fulfill the essential ingredients of S.300 IPC - Conviction of accused u/s 302 IPC seems to be not appropriate...........
