Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Mere statement that accused were talking of selling out victim by itself is not sufficient to bring the charge u/s 372 IPC...........
Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Age of girl - FIR that age of victim girl is 13 years - However, no worthy evidence other than medical report of victim to suggest her actual age - No specific date of birth of victim proposed by prosecution - Partial fusion of wrist and ulna is sufficient to infer that victim must..........
Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Sole testimony of victim - Victim stated that she was having affair with accused - This by itself gives strong possibility that victim had every desire to accompany accused on her own free will - Moreover, victim discovered to be 18 years of age, which shows that she being major was..........
Copyright Act, 1957, Section 63, 13, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Infringement of copyright and cheating - Quashing of complaint - Allegations of use of title `Desi Boys' of synopsis of story written by complainant for title of film by appellant - Said title cannot be considered to be literary work and no copyright is..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227, 228 -- Offence u/ss 304-B, 498-A, 34 IPC - Framing of charge - Discharge of mother-i, law and married sister-i, law of deceased - Deceased committed suicide in her matrimonial home - Suicide note was found in which guilt has not been saddled on any of accused, much less mother-i,..........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Offence of kidnapping is made out only when there is either `taking' or `enticement' of minor...........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Prosecutrix herself admitted that she accompanied accused voluntarily as she wanted to marry him - She remained with accused for 8/9 days voluntarily - Prosecutrix also stated that accused did not commit any wrong with her - More so, age of prosecutrix was between 17 to 18 years, that means she was mature enough to..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Circumstantial evidence - Recovery of blood stained shirt, silver and gold ornaments and piece of blood stained brick - Blood group found on the shirt of accused was not detected - Recoveries of ornaments at the instance of accused not proved, as there is no evidence available on record to suggest that said ornaments..........
Indian Penal Code, 1860, Section 323, 504, 506, 384 -- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is discussion of evidence nor..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Attending second marriage of any person by friend, neighbours, relatives cannot lead to inference of conspiracy or abetment - Attending such functions cannot make them accused of abetment or conspiracy - Bigamy is purely personal act of person committing it...........
