Indian Penal Code, 1860, Section 498A -- Cruelty - Manipulation and coercion for dowry by hanging sword of breaking nuptial ties on victim cannot constitute as harassment...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of prosecutrix - There are two contradictory opinions given by two medical experts regarding age of prosecutrix - Age of prosecutrix was around 14 years as per one doctor, however, DW2 opined that age of prosecutrix was around 18 years - In view of two conflicting medical opinions, benefit ought..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix was with the appellant for about 20 days, travelling to different places along with him before reaching the final destination - However, she had never made any attempt to resist or raise a cry - There was absolutely no injury on the body of prosecutrix - Evidence of prosecutrix itself is clear that she..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimonies of eye witnesses - Inconsistencies in the testimonies of all the three alleged eyewitnesses - Benefit of doubt thus, given to accused - Acquittal upheld...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that I.O. has mixed up with accused...........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Accused called victim to her house on the date of incident and thereafter, he was restrained by all petitioners and assaulted him with fists and blows causing simple injury on his person - All petitioners held, guilty for restraining way of victim and voluntarily causing simple hurt to victim..........
