Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Indian Penal Code, 1860, Section 292 -- Offence u/s 292 IPC - Watching of an obscene video/photo by a person from a mobile phone in his privacy without exhibiting it to others is not an offence u/s 292 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Voluntarily leaving home by victim with accused does not give accused the right to invade upon the privacy of victim girl or to commit any penetrative sexual offence within the meaning of rape as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Nothing has come out from cross-examination of victim to shake her credibility - Therefore, there is no reason to seek corroboration as it would amount to add an insult to injury already suffered by victim - Prosecution case stands proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused was only bread earner of family and at the relevant point of time he was 26 years old - Ends of justice would be met if accused is sentenced to suffer imprisonment of 4 years instead of 7 years for committing offence u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused caused gun shot injury to deceased which led to his death - He visited the house of deceased carrying his licensed gun - If there was no pre-mediation accused would not have carried his gun with him to the house of deceased - No sudden quarrel between accused and deceased - Accused acted in a..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of eye witnesses - Allegation that accused poured kerosene oil upon PW1 and threw a matchstick upon him - However, despite lodging of FIR immediately after the incident, kerosene soaked clothes of PW1 and can of kerosene oil were not recovered - As per prosecution not a single article was burnt in the..........
