Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - For an offence of kidnapping to be made out, it is necessary that minor child is taken away from the custody of a lawful guardian - However, a mother falls well within ambit of lawful guardian especially in absence of an order divesting her of the same passed by a competent Court...........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - Minor child was only 3 years old at the time of occurrence - In view of S.6 of Hindu Minority and Guardianship Act, it would be in the best interest of minor child to be in custody of her mother - Complaint along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Allegation that upon witnessing mother/accused in a compromising position with co-accused, deceased became severely depressed and ultimately hanged himself to death, does not at all prove that accused persons intentionally instigated or abetted deceased to commit suicide -..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Prosecution failed to establish mens rea on the part of accused leading to commission of suicide by deceased - Accused cannot be held responsible for commission of suicide by deceased, as there was no instigation or abetment on their part - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Indian Penal Code, 1860, Section 364 -- Abduction - Abduction simpliciter may not technically be an offence under IPC but it becomes a punishable offence when it is combined with another act...........
Indian Penal Code, 1860, Section 364, 364A -- Nature of offence - Prosecution miserably failed to establish the demand of ransom - Only deposition in Court regarding demand of ransom has come as a bald statement by PW5/father of complainant that when he was in the hospital co-accused demanded Rs.8,00,000/- as ransom - Co-accused has already been acquitted by trial Court -..........
Indian Penal Code, 1860, Section 307, 392, 397, 120B -- Attempt to murder - Complainant was abducted and two accused made an attempt to kill him but he escaped - Injuries sustained by complainant in the incident match the case of prosecution - An attempt was made by two accused to dispose of the body of complainant by burning the body - There were burn injuries on both his..........
