Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
Indian Penal Code, 1860, Section 306, 506 -- Abetment of suicide - If a creditor makes a phone call to debtor for return of his money that being a lawful act, it cannot on its own constitute a ground to prosecute creditor...........
Indian Penal Code, 1860, Section 306, 506, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - Quashing of proceedings - Deceased committed suicide on account of depression for not being able to clear debt - Suicide note indicts as many as 9 accused without specifying role of any one of them - There is no material to indicate that deceased..........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere expression of words without any intention to cause alarm cannot amount to criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere presence of a lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Vague allegations unsupported by prima facie cogent evidence cannot constitute offence indicated u/s 506 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
