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Important Decisions : Criminal Cases July 2018

Abduction - For an offence u/s 366 IPC mere abduction is not sufficient - It must be proved that accused abducted woman with intent to compel her to marry against her will or to force or seduce her to illicit intercourse. (S.C.) 015

Abetment of suicide - Reason for committing suicide always has to be assessed from an independent angel and not from angle of victim or from a person who is cause for it. (Karnataka) 069

Anticipatory bail - Interim order granting pre-arrest bail - When Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to appear and surrender before trial Court and seek regular bail. (S.C.) 195

Bail - Bail once granted should not be cancelled unless a cogent case, based on a supervening event, is made out. (S.C.) 001

Contraband - Identity of accused - Accused ran away from the spot by taking benefit of darkness - TIP not conducted - Description of accused not mentioned in FIR - Accused acquitted. (P&H)146

Contraband - Identity of accused - Neither in FIR nor in statement of I.O. there is anything that they identified accused, who ran away from the vehicle - In ruqa, no detailed description of those persons has been given - TIP not conducted - Prosecution failed to prove identity of accused - Accused acquitted. (P&H) 210

Contraband - Weighed in electronic weighing machine issued by Govt. - MHC specifically admitted that electronic weighing scale not available in police station - Quantum of recovery highly doubtful - Acquittal calls for no interference. (H.P.) 038

Criminal trial - Unnatural behaviour of eye witnesses and their contradictory statement - It cannot be said that their evidence is genuine so as to convict the accused. (S.C.) 132

Dishonour of cheque - Cheques issued as security for procuring job - Though an illegal act, but cheque was not issued in discharge of any legal debt or liability - Acquittal calls for no interference. (P&H)267

Dishonour of cheque - Notice - Copy of notice and postal receipt placed on record - Nothing on record that address of accused is wrong or that notice was sent back undelivered - Post office record not summoned - There is presumption of receipt of notice. (P&H)221

Domestic Violence - Marriage by wife during subsistence of her previous marriage - Complainant not entitled to maintenance from petitioner. (Rajasthan) 129

Forgery - A charge of forgery cannot be imposed on a person who is not the maker of same. (S.C.) 082

Framing of charges - Statement of witnesses and material collected during investigation has to be taken on its face value at this stage - Defence of accused and documents produced by accused not to be considered. (Delhi) 168

Inquiry u/s 145 Cr.P.C. - Question of right to possession is foreign to scope of enquiry - Only question of actual possession has to be determined. (Chhattisgarh) 025

Maintenance - Living in adultery denotes a continuous course of conduct and not isolated acts of immorality. (Orissa) 112

Maintenance - Earlier application dismissed - Subsequent application for maintenance is not maintainable. (Rajasthan) 226

Offence u/ss 363, 366, 506 IPC - Petitioner No.1 and 2 both are major and now married each other - FIR quashed. (H.P.) 108

Police protection - Abduction and rape - Apprehension that there will be no fair trial as there has been protest by members of the Bar and further there may be issues relating to witness protection - Police protection provided to family members of victim, their counsel and one person who is assisting victim’s family in prosecution. (S.C.) 245

Rape - False promise of marriage - Prosecutrix already married and not legally divorced - During subsistence of earlier marriage there could be no promise of marriage to accused - FIR along with proceeding thereto quashed.(Delhi) 190 Sanction for prosecution - Committing certain excesses during performance of official duty - Sanction is necessary. (Orissa) 139

Secondary evidence - Plea in application that originals are with the petitioners - Petitioners did not contend that originals are not in their possession - Fulfills the condition of giving notice u/s 66 Evidence Act. (Rajasthan) 260

Summoning of trial Court’s record - Trial Court may send photocopy/ scanned copy of record and retain original so that proceedings are not held up. (S.C.) 182

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