Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Criminal Procedure Code, 1973, Section 457 -- Release of vehicle seized in a case under NDPS Act - Plea that vehicle was stolen and used in offence - Petitioner actual and registered owner of vehicle - FIR was lodged regarding theft of vehicle - Contraband was recovered after vehicle was stolen - Interim custody given to petitioner subject to furnishing Supardaginama in..........
Indian Penal Code, 1860, Section 376(2)(g), 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Gang rape - Allegation against accused `S' wife of accused `D' that she used to call prosecutrix in her house and when her husband committed rape on prosecutrix she not only bolted door of room but also guarded the same - Version of prosecutrix on face..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which is not..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Accused `K' was arrested along with 700 sheeps and some other animals and accused `P' was arrested at the instance of accused `K'- Property of seven deceased persons were also recovered from accused `K' - Accused `K' not claimed ownership of..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Recovery of dead bodies - Accused `P' was arrested at the instance of accused `K'- Seven dead bodies of persons recovered at the instance of accused `P' from the well - It is not the case of accused `P' that he had seen someone else throwing dead..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Legally enforceable debt - As per evidence on record, it appears that defence of accused is that cheque in question was stolen, which is palpably false - Even, DW-1 stated that cheque found missing and it is discerned only after a day - Story of accused, that he wrote to SHO of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Legally enforceable debt - As per evidence on record, accused could not prove to contrary, the presumption that cheque issued by accused in discharge of legally enforceable debt - Even, plea of theft of signed cheque proved false - Accused could not rebut presumption in favour of..........
Indian Penal Code, 1860, Section 381, Post Office Act, 1898, Section 52, Criminal Procedure Code, 1973, Section 31 -- Theft by post-office employee - Imposition of sentence for offences under IPC as well as Post office Act at one trial - Directions issued to run both the sentences `concurrently'...........
Indian Penal Code, 1860, Section 379, Electricity Act, 2003, Section 39 -- Theft of electricity - Petitioner was found committing theft of electric energy by tampering with meter seals - FIR was recorded and investigation was conducted -From the evidences accused found guilty of offence and accused did not lead any defence evidence - Conviction of accused is proper -..........
