Indian Penal Code, 1860, Section 180 -- Offence u/s 180 IPC - S.180 IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making statement to sign...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Indian Penal Code, 1860, Section 376(1), 90 -- Rape of married woman - Consent - Prosecutrix was a married woman having her husband and children - She was fully aware of fact that accused was also a married man - Prosecutrix having sexual relationship with accused on many occasions - She stayed with accused in a room in a hotel - Consent given by prosecutrix is not under..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere threatening deceased over telephone to return the money and take gold bangles back cannot be termed as abetment to suicide - Prima facie no offence u/s 306 IPC is made out - FIR quashed...........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Dead body of deceased recovered after 2 days when deceased was allegedly seen alive in company of accused - Deceased was found dead in his own house, where accused did not reside and there was no evidence as to when accused left the house and that no one else could have entered..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of Khanjar (knife) - Recovery was denied by accused and there was no serologist report to connect it with the crime - Moreover, High Court on strength of circumstances appearing in the evidence, doubted date of arrest and upon consideration of circumstances, accepted possibility of arrest..........
