Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Indian Penal Code, 1860, Section 376(m), 201, 506(2) -- Rape - Property dispute in between two families - Accused is third generation cousin of victim - Victim stated that accused committed rape at the point of knife - However, no knife either discovered or recovered from accused or anyone else alleged to have been used at the time of commission of crime - Victim alleged..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Participation and role of A-1 in crime is shown as per evidence on record - Fatal injuries caused to deceased by weapon recovered from A-1 - Testimonies of eye witnesses corroborated by medical evidence - Case against A-1 is proved - A-1 rightly convicted...........
Indian Penal Code, 1860, Section 308, 338 -- Nature of offence - Accused being conductor of bus rang the bell without waiting for PW1/injured to board the bus - PW1 fell down on the road and came under left rear wheel of bus - Grievous hurt was caused to PW1 as she suffered fractures of pelvis - Accused did not verify whether passengers had properly boarded the bus - He is..........
Indian Penal Code, 1860, Section 338 -- Offence u/s 338 IPC - Incident occurred in 2005 - Accused has undergone sentence for only 36 days - Sentence of S.I for 6 months will be appropriate punishment - However, looking at the serious injuries sustained by PW1 at the young age of 13 years, she must be adequately compensated - In addition to fine of Rs.50,000/- as imposed by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
