Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Dispute between parties is matrimonial dispute - Parties entered into compromise - Compromise has been duly verified in proceedings before Family Court - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 354, 323, 504, 506 -- Rape - Summoning of accused - Prima facie case for summoning of accused is made out - Statement of doctor along with statement of PW1 and PW2 who have categorically supported averments of complaint of commission of rape, is on record - Disputed defence cannot be looked at this stage nor can be basis for..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Mere fact that no external marks of injury was found by itself would not throw testimony of prosecutrix over board as it has been found that prosecutrix had washed out all tainted clothes worn at the time of occurrence as she was an illiterate lady...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of pregnant lady - Prosecutrix in her oral testimony narrated the version of forcible sex on her - She did not convey the incident to her husband immediately who was in the fields but on next day she conveyed the same to her father-in-law - Doctor who examined prosecutrix has given no definite opinion about rape - If..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Victim was 7 years old and accused was 22 years old at the time of occurrence - Act of accused of committing rape of 7 years baby is abhorrent - Since rape was committed of a baby being below age of 12 years in the year 2004 and accused also uncle in relation, trial Court rightly convicted and..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 506, 120B, 34 -- Quashing of complaint - Cheating - Criminal conspiracy - Allegation that accused entered into a conspiracy with deceased accused for making agreement for sale of flat or to deceive complainant - However, there is no averment at all in complaint to indicate that accused were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
