Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304 -- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix eloped with the accused - Not a case of `taking away' - Prosecutrix more than 17 years, hence mature enough to import what she was doing - Section 363 and 366 IPC not attracted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Indian Penal Code, 1860, Section 193 -- Corruption case - At trial, complainant turned hostile - Complainant ordered to be prosecuted under Section 193 IPC...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
Indian Penal Code, 1860, Section 300 -- Murder - Prosecution allegation that accused and his father followed the deceased who had gone to the pond for the purpose of digging earth - After picking up quarrel with him, accused committed his murder - No evidence of sudden fight - Attack was pre mediated and not in heat of passion - Held, this cannot be said to be sudden..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Conduct of Prosecutrix - Prosecutrix visiting several places with accused and permitting to have sex with her - Prima facie shows that she was consenting party - Conviction cannot be sustained under Section 363 IPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Indian Penal Code, 1860, Section 354 -- Offence of outraging modesty of woman - Victim woman allegedly having illicit relations with relative of accused - Victim woman stripped and paraded naked - The statement of victim woman that she was assaulted by accused - Evidence of witnesses that victim woman was not in normal clothes on whose body some cloth was wrapped - Held,..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Accused married victim woman by making fraudulent representation that his wife was dead - Second wife invoked provision of Section 498-A of IPC - Accused sought quashing of criminal proceedings - Held, since marriage of accused with second wife when first wife is living and when marriage..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 14(1)(d) -- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Chapter 6 - Medical service - Unfair trade practice - Compensation - Eye surgery - P.R.K. Surgery - For correction of refractive error in eye - As per expert report no medical negligence established on the part of the..........
