Indian Penal Code, 1860, Section 376 -- Rape - Extent of penetration is immaterial u/s 376 IPC - Even if penetration was very light and was not into vagina, same will bring the act within definition of rape...........
Indian Penal Code, 1860, Section 376, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of 7 years old minor girl - Victim supported prosecution version which was also corroborated by younger sister of victim - Accused/juvenile caught in the act at the spot and was beaten by people gathered there, as injuries were..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Mere abusive, humiliating or defamative words by itself cannot attract an offence u/s 294(b) IPC and there must be a further proof to establish that it was to the annoyance of others...........
Indian Penal Code, 1860, Section 341 -- Wrongful restrain - For applicability of the provision of S.341 IPC, it has to be proved that (i) there was obstruction by the accused; (ii) such obstruction prevented a person from proceeding in a direction to which he had a right to proceed; and (iii) the accused caused such obstruction voluntarily. - Obstructor must intend or know..........
Indian Penal Code, 1860, Section 302, 34, 506(2) -- Murder - Material contradictions between all PWs - Not a single witness affirmed the manner in which whole incident took place - Even, the presence of eye witnesses on the spot is doubtful - Motive of crime not proved - No substantial evidence connecting accused to offences in question - Prosecution miserably failed to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - When matter has been settled by both the spouses and relatives, possibility of conviction is remote and bleak and notwithstanding the fact that offence u/s 498-A IPC is a non-compoundable offence, there should be no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
