Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 452 -- Bail - Rape - Victim was won over by accused on account of a long gap of two months and nine days between examination-in-chief and cross-examination and she resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - Considering the..........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in S.405 IPC without there being a clear case of entrustment...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Loan for consideration of interest - There is no question of entrustment as such there is no criminal breach of trust - FIR and proceedings arising therefrom quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Loan transaction - Mere inability of accused to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence - FIR quashed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Extra marital relationship, per se or as such, would not come within the ambit of abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Solely because husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as abetment for satisfying the ingredients of S.306 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Father of deceased except stating that accused has been harassing and beating deceased and was a alcoholic and also involved in an illicit relationship with a woman, nothing stated that he had provoked, incited and induced deceased to commit suicide - Accused is..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
