Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - General and vague allegations were made against petitioners - Wife has given list of incidents of cruelty in FIR - However, instances are also of a nature that do not fulfill the ingredients of S.498-A IPC - In fact, some of ill-treatment as alleged are not even complainant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Lifting of dhoti by accused to show his private part and then asking victim to measure his penis, would squarely attract S.11(1) of POCSO Act as well as S.509 IPC prima facie...........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
Indian Penal Code, 1860, Section 376, 323, 452 -- Rape - Testimony of prosecutrix - Statement of prosecutrix stood corroborated with the testimony of PWs 8 and 9, those who had categorically deposed that they were driven out from the house by accused and door was bolted from inside - Presence of accused on the spot of occurrence is thus, proved - Though there is no eye..........
Indian Penal Code, 1860, Section 376, 323, 452 -- Rape - Reduction of sentence - Incident occurred in the year 2006 and accused was about 28 years old at that time - Sentence of accused reduced to the period he already undergone - However, fine amount is enhanced from Rs.5000 to Rs.10,000 u/s 376 IPC and in default to pay the same, he shall undergo R.I for 6 months...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon of offence - Recovery effected at the instance of appellant and it was made in the presence of independent witness - Recovery from a place where any person can go, does not stand because human blood obtained from the scissor/weapon of murder, place of incident and clothes of deceased was found to be of..........
