Indian Penal Code, 1860, Section 506, 427, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 427 IPC - Quashing of charge sheet - Entire criminal prosecution inspired by express mala fide - Version in criminal prosecution is full of high improbabilities - Continuation of criminal proceedings on that basis likely to result in abuse of Court's process - Entire..........
Indian Penal Code, 1860, Section 376, 417, 419 -- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - PWs proved scuffling, altercation, fist and blows inflicted upon police personnel by accused - Presence of police at the spot is also proved on record - Injury report of two police personnel reveals that they sustained injuries - Chain of circumstances not missed in the case - Accused rightly convicted...........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Reduction of sentence - Both the accused suffered imprisonment for 1 month - Accused are very poor and one of accused is seriously ill - Substantial justice would be met if period of sentence already suffered is set off by increasing fine amount - Accused thus, have to pay fine of Rs.8000 each instead of Rs.5000..........
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Property dispute between parties - Inconsistency found in the evidence of PW1 as well as PW5 regarding assault inflicted on injured, which make their status as an eye witness doubtful - Neither I.O nor doctor was examined - In the background of inconsistency coupled with no, examination of I.O in whose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - There is no allegation that petitioner has compelled or abetted deceased to commit suicide - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - Outstanding amount against petitioner - Cannot be a reason to decline him bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
