Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Indian Penal Code, 1860, Section 376 -- Rape - Enhancement of sentence is not justified nearly 35 years after the incident in view of facts of the case - No interference warranted in the order of sentence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........
Indian Penal Code, 1860, Section 354D, 506 -- Offence u/ss 354-D, 506 IPC - Appeal against conviction - Complainant and accused have married each other during pendency of appeal which gives rise to a reasonable belief that both were involved in some kind of relationship even when offences were said to have been committed - Conviction and sentence set aside - Accused..........
Indian Penal Code, 1860, Section 375 -- Exception 2 - Rape - Prosecutrix alleged that rape was committed on her prior to marriage between prosecutrix and accused - Offence will not fall within S.375 Exception 2 IPC...........
Indian Penal Code, 1860, Section 376(2)(n), 506II -- Rape - False promise of marriage - Prosecutrix is major aged more than 31 years - Accused and prosecutrix were having long standing relationship for more than 5 years as has been stated by her - Prosecutrix did not lodge any report of rape against accused though she did not believe false promise of marriage made by him -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, Indian Penal Code, 1860, Section 370(5) -- Offence u/s 79 of the Act of 2015 and S.370(5) IPC - Quashing of summoning order - Allegation that sixteen minor boys were working as labourers in the factory of accused - However, evidence on record shows that accused has nothing to do with employment of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conviction of husband in a criminal case u/s 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards wife which entails her getting the divorce from her husband...........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Testimony of eye witnesses - Major contradictions are shown in the deposition of eye witnesses - Though said witnesses sustained injury, their injury report not produced by prosecution - Deposition of doctor who had treated them in the hospital is not coming on record - It is not in dispute..........
