Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was lastly seen with deceased - Accused not denied that he had not taken deceased from house towards field to collect fodder and has also not taken a defence that on the way deceased had parted his company - Accused failed to rebut the presumption u/s 106 of Evidence Act - In such..........
Indian Penal Code, 1860, Section 498A -- Scope - Distant relative - Not out of scope of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband having illicit relations with her cousin sister - Offence u/s 498-A IPC against cousin sister is made out not in the context of status as other woman, but in her capacity as cousin sister of husband against whom specific allegations, prima facie constituting cruelty has been made...........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Indian Penal Code, 1860, Section 376AB, 506(I) -- Penetrative sexual assault - Testimony of victim - Victim was 6 years old at the time of incident - Statement of victim was recorded u/s 164 Cr.P.C and she stated about the incident almost in same manner, in which she deposed before Court - Though..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Two ingredients to be satisfied : (1) The offender has sung, recited or uttered any obscene song or word in or near any public place and (2) has so caused annoyance to others...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Consulting room of doctor in a Hospital - Not a public place or near public place to attract offence u/s 294(b) IPC...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Words allegedly uttered by accused not aroused sexually impure thoughts in the mind of the hearers - Basic ingredients of S.294(b) IPC are not attracted - Proceedings quashed...........
