Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence - Incident occurred in 2008 and 16 years have already lapsed - Sentence reduced to 3 months from 6 months for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Chain of circumstances not complete against A-2 to 6 - As regarding involvement of other accused, except that their names have been brought on record on the basis of confessional statement of accused `S', there is no other material to connect them with the killing of deceased - Confessional statement of co-accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 466, 221, 205, 109, 120B, 34 -- Anticipatory bail - Offence u/ss 419, 466, 221, 205, 109, 120-B, 34 IPC - Police officer facing allegations of manipulating investigation so as to favour an accused - Considering the position held by petitioner even if he was suspended from service and charge..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship cannot give rise to an offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship - Relationship may be consensual at the beginning but the same state may not remain so for all time to come - Whenever one of partners show their unwillingness to continue with such relationship, character of such relationship as it was when started will not continue to prevail...........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence under IPC was not committed by accused upon deceased on the basis of his caste - Offence u/s 3(2)(v) of SC/ST Act is ex facie illegal and unwarranted - Proceedings quashed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Contents of suicide note does not indicate any act or omission on the part of accused which could make him responsible for abetment as defined u/s 107 IPC - Suicide note of deceased shows that he was frustrated on account of work pressure and was apprehensive of various random factors unconnected to his official..........
