Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Alleged offence was committed by police personnel while acting or purporting to act in discharge of official duty - Criminal proceedings against applicant without any proper sanction as required u/s 197 Cr.P.C. is erroneous and illegal...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 420, 467, 468, 471 -- Quashing of FIR - Cheating - Case required further investigation having regard to serious allegations that one of accused as abetted by others had managed fake certificate fraudulently and succeeded to manage job in Police Organization - FIR cannot be quashed...........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - Prosecution failed to lead any evidence to show that accused was having in his possession explosive substance for any unlawful purpose - Testimony of I.O raises a question mark on entire process of recovery of explosive substance, vehicle in question and other recoveries from accused - No independent..........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
