Indian Penal Code, 1860, Section 458, 342, 380 -- Offence u/ss 458, 342, 380 IPC - Temple properties were seized from accused in the presence of PW5 - No explanation or any reason was given by accused for having possession of temple properties - Accused rightly convicted - However, trial Court without supporting any evidence and materials relied upon pending cases against..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Witnesses have given inconsistent versions regarding place where search and proceedings were conducted - Police took photographs during investigation which shows that contraband were being weighted in one plastic bag - However, when parcel was opened in Court, it was found to be containing a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Accused was never apprehended at the spot and nor any recovery was ever effected from him - He came to be named in the FIR on the basis of secret information - Two police officials from police party claim to have identified him when he ran away from the spot upon noticing..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Samples taken at the spot were sent to FSL which is against the mandate of law because the same were not taken in the presence of a Magistrate - As per S.52-A NDPS Act, and Standing Order No.1/89, issued by Government, it was imperative upon the police officer to prepare an inventory and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiating proceeding under PWDV Act and Restitution of conjugal right do not by itself constitute cruelty - But lodging of various false, baseless reports by wife with police authorities against husband, his father, brother and brother-in-law and instituting civil proceedings showing herself as wife of PW2..........
Evidence Act, 1872, Section 25 -- Confessional statement made by accused before police is hit by S.25 of the Act and same rightly discarded...........