Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the Doctor, which would have been a..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Offence u/ss 304-B & 498-A IPC - Sufficient explanation not given by accused in his examination u/s 313 Cr.P.C as he simply stated that he was not present in the house at the time of incident - But PW5 stated that accused was present in the house - Burden of proving the case cannot be shifted to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Quashing of complaint - Admittedly, no allegation in complaint that cheque is issued by Trust in discharge of its past liability and accused at time of commission of offence was incharge of and responsible for conduct of business of Trust - Even, there is no whisper in..........
Indian Penal Code, 1860, Section 394, 302 -- Robbery and murder - Eye witnesses - Due to inconsistency, lack of coherence in inter se testimony of PW6 & PW7 about numbers of assailants, manner of occurrence, use of weapon of assault and nature of injuries sustained by deceased their testimony comes within the shadow of doubt - Their conduct of no, reporting the incident..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning within 7 years of marriage - There was demand of dowry accompanied with physical and mental cruelty against deceased prior to her death - More so, when PW5 brother of deceased arrived at the matrimonial house of deceased on the day of incident, said house was deserted except her sister's dead body -..........
Evidence Act, 1872, Section 8 -- Rape case - Admissible evidence - PW2 grandson of victim, deposed that victim had complained to him that accused persons took her away towards river and committed rape on her as per early statement of victim - Evidence of PW2 is legally admissible as evidence of conduct as it is corroborated the evidence of victim...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act of committing cheating - Subsequent conduct of accused is also a relevant factor to infer whether he had fraudulent or dishonest intention at the inception i.e. when offence was committed...........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Indian Penal Code, 1860, Section 376, 120B -- Rape - Conspiracy - Prosecutrix allegedly handed over by three co-accused to accused `D' who committed rape upon her - Co-accused left the spot after handing over prosecutrix to accused `D' - No evidence of any pre-mediation or pre-arranged plan by accused, thus, there was no common intention to commit the offence - Moreover,..........
