Showing : 21-30 of 140 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4-- Delay in lodging FIR - Grievous hurt - Cruelty - Dowry demand - FIR lodged by mother of victim - Delay duly explained by victim which is corroborated by her mother, as victim was put to fire being tortured for demand of dowry and secretly treated at her in laws house by accused and accused did not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 106-- Grievous hurt - Cruelty - Dowry demand - Burden of proof - Prosecution successfully established that burn injuries to victim caused in the house of accused - Burden thus, shifts upon accused to explain those injuries u/s 106 of Evidence Act, which burden could not be discharged by accused -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4-- Grievous hurt - Cruelty - Dowry demand - Victim was put to fire on being tortured for demand of dowry - Defence taken a plea that victim caught fire accidentally - However, Doctor who examined victim stated that injuries could not be caused by accident, as same were caused by pouring kerosene oil..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including husband of first informant already acquitted - There are bleak chances..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint and material available on record make out prima facie case..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304-- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform his legal duty mandated u/s 304 Cr.P.C. - Even statement of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as parties belongs to respectable families - Bail granted with conditions...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of complaint and summoning order - Complaint by muslim wife against husband - In the instant case, husband gave talaq to his wife by uttering words talaq, talaq, talaq and thereafter wife filed complaint against husband on ground of cruelty and dowry demand - As per complaint, statement..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 114-- Cruelty - Demand of car - Allegation that father of complainant financed the car - Nothing on record that car was financed by father of complainant and from which bank or finance company - More so, father of complainant not produced in the witness box - Adverse inference drawn against prosecution..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4-- Cruelty - Family members - Quashing of proceedings - Complaint against family members of husband - No specific allegations against applicants regarding cruelty due to demand of dowry or alleged causing of injury or using foul words or any other overt act - Mere casual reference of names of family..........

Showing : 21-30 of 140 Results