Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - No prior dispute between parties - Injuries were inflicted on deceased in sudden fight - Injuries may be inflicted under the influence of liquor but nature of blows was such that endeavour was to end the life of deceased - It was certainly an act in a cruel and brutal manner taking advantage of situation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Indian Penal Code, 1860, Section 420, 406 -- Offence u/ss 420, 406 IPC against Advocate for not obtaining favourable orders in favour of his client - An Advocate can only appear and make his best efforts in the matter - No Advocate can either state or hold that he would obtain favourable orders nor could a client believe that an Advocate will definitely obtain favourable..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394 -- Delay in lodging FIR - Offence u/s 394 IPC - Police chowki is barely 3 kms away from village as admitted by PW1 - Delay of 9 hours in lodging FIR is thus, fatal to prosecution case - Medical examination of informant after a delay of one and a half day also falsifies its story...........
Indian Penal Code, 1860, Section 394 -- Offence u/s 394 IPC - Enmity between accused and informant - There is no recovery of any robbed material from possession of accused - I.O did not even care to ascertain whereabouts and identities of other co-accused who are stated to have accompanied accused - Even, no efforts made by I.O to recover household items allegedly robbed..........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Accused were aged about 22 and 24 years at the time of commission of crime - They have already served 15 years and also have chance to be rehabilitated in the society - Subsequent conduct of accused in endeavour to escape also put a question mark on their conduct - Imposing fixed term sentence creates a..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Constitution of India, 1950, Article 32, Indian Penal Code, 1860, Section 420, 405, 506(1) -- Special leave petitions - Locus standi - Order of quashing of complaint - Cash-for-job scam - Appellants who were more meritorious but did not get selected on account of being edged out by candidates who paid money and got selected are also victims of alleged corrupt practices and..........
