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BOMBAY HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 354, 377, 406, 34-- Cruelty - Relatives of husband - Vague and general allegations made against petitioners by wife - Allegations were general and bereft of any specific instance and authorship - Implication of petitioners for the offences in question is actuated by a design to harass and humiliate petitioners for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 375-- Rape - Consent with respect to S.375 IPC involves an active understanding of circumstances, actions and consequences of proposed act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 375-- Rape - False promise of marriage - To establish whether consent was vitiated by a `misconception of fact' arising out of a promise to marry, two propositions must be established: (i) promise of marriage must have been a false promise given in bad faith and with no intention of being adhered to at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Gunshot injury - Presence of A-2 is established by consistent evidence of eye witnesses - Admittedly, A-2 was armed with rifle and shared common intention acting in concert with A-1 (since dead) - I.O seized one .12 bore cartridge and one .12 bore empty cartridge from..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 417, 504, 506(2)-- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 408, 467, 468, 471-- Misappropriation of public fund by making false entries in Pass Books of account Holders of Post office - Out of 19 witnesses only 13 witnesses have been examined as account Holder's witnesses - However, none of these witnesses except PW13 is the account holder of those account numbers, which were..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420-- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of trust and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376-- Rape of 3-1/2 years girl child - Reduction of sentence - Victim was young child of 3-1/2 years of age who fortunately survived on account of proper assistance being rendered to her - Accused was 22 years of age and there is no past history of any crime, sexual or otherwise - Jail conduct of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Sudden fight between two brothers - Accused had not come armed to spot with a weapon of offence - No witness has testified as to any past enmity and acrimony between two brothers - No external injuries were present and noticed in rib area - There is hardly any evidence to..........

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