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“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”
“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”
“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”
“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.
“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”
Evidence Act, 1872 — Ss. 135 to 139, 154, 155 & 120 r/w Or. 14 R. 21, Or. 16 Rr. 14 &
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”
“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”
“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”
It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
The President gave assent on 25-12-2023 to the new criminal laws.
The Court modified the sentence imposed and found the convicts guilty under Sections 323 and 324 of the IPC.
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”