Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195, 482 -- FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Identification of dead body is in fact not very clear as same was highly decomposed - There is no conclusive evidence that it is accused who committed murder of deceased - No such incriminating evidence adduced by prosecution pointing out guilt of accused in commission of murder of deceased -..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Last seen witnesses PW3 and PW5 admitted that they are cousins of deceased - Prosecution failed to establish presence of both these witnesses at the spot - There are major contradictions in statements of these witnesses - Last seen evidence is not reliable...........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Accused implicated in the case merely on basis of suspicion, as at the time of preparation of inquest report, which is duly signed by family members of deceased as well as Sarpanch, no suspicion was raised against anyone - Wife of deceased involved accused merely on basis of..........
Indian Penal Code, 1860, Section 279, 337, 338, Criminal Procedure Code, 1973, Section 482 -- Accident - Rash and negligent driving - Compromise - Quashing of FIR - Offence in question is simple in nature - Complainant is no more interested in carrying on with criminal proceedings - No fruitful purpose would be served in continuing with criminal proceedings - FIR and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Indian Penal Code, 1860, Section 376D, 377, 394 -- Rape of married woman - Statement of prosecutrix is duly corroborated by medical evidence - Prosecutrix had suffered injuries on her cheeks, private part, thighs and back - There was swelling in vagina of prosecutrix - Offence was promptly reported to police - Prosecutrix was medically examined on next day, although no..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage is made and same cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Two consenting adults establishing a physical relationship is not a crime and not an offence under IPC - Unless there is an affirmative, conscious and voluntary consent to engage in sex, same would constitutes an offence...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prosecutrix appears to have used allegation of inducement of physical relationship on promise of marriage to not only justify her physical relationship with accused in past, but also her conduct after FIR was filed - She had refused an internal medical examination - More so, prosecutrix three months..........
