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..........
Indian Penal Code, 1860, Section 302 -- Murder - None of eye witnesses deposed anything relating to hurling of abuses by deceased, nor anything was deposed which could show deceased provoked appellant in any manner - Once it is clear that appellant and deceased did not even talk before the incident, then exception of S.300 IPC i.e sudden provocation is not applicable -..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Mere death of deceased being unnatural in the matrimonial home within 7 years of marriage will not be sufficient to convict accused u/s 304-B IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Investigating Officer who conducted investigation was not examined - Neither any piece of evidence was collected from the place of occurrence nor dead body of deceased was recovered - Except interested witnesses most of witnesses not supported the prosecution case and they turned hostile - There is no eye..........
