Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Insolvency and Bankruptcy Code, 2016, Section 43, 49, 66, Companies Act, 2013, Section 328, 329 -- `Preferential transactions and relevant time' - S.328 of Companies Act, 2013 deals with fraudulent preference - S.329 of Companies Act, 2013 deals with transfers not in good faith - On other hand, in IBC, separate provisions are made as regards transactions - S.49 of IBC,..........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 328, 376, 506 -- Bail - Offence u/ss 328, 376, 506 IPC - No doubt, prosecutrix was medico legally examined on same day of alleged occurrence and MLR findings are suggestive of the fact that prosecutrix had been sexually assaulted recently, but prosecutrix being a married lady and staying with her..........
