Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), Indian Penal Code, 1860, Section 498A -- Juvenile offender - Trial of - Appellant No.2 was about 17 years of age as on date of FIR - Held, she was a juvenile on that date - Being a juvenile she could not have been tried in a criminal court along with other accused - In normal circumstances, this..........
Criminal Procedure Code, 1973, Section 420, 320, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Matrimonial dispute - Quashing of proceedings - Matter is matrimonial in nature - Parties have amicably settled the matter outside Court through compromise - Held, continuation of criminal proceedings arising out of the same..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There was some quarrel and matter was amicably settled - Wife committed suicide after 10 days - No evidence that during those 10 days deceased was subjected to cruelty and harassment - Prosecution could not prove that deceased was subjected to harassment soon before her death - Conviction u/s 304-B set aside -..........
Indian Penal Code, 1860, Section 307, 498A, 324, 406, 34 -- Offence u/ss 307, 498A, 324, 406, 34 - Appeal against acquittal - Accused, husband and his family members allegedly physically assaulted complainant and poured kerosene on her body to set her on fire in which they failed - As per complainant match stick landed on her duppatta, she threw it off immediately to save..........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 178 -- Demand of dowry - Ill treatment and cruelty at the hands of husband and his relatives at matrimonial home - Wife forcibly taken to her parental home with a threat of dire consequences for not fulfilling their demand of dowry - Complaint..........
Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Proof - PWs.1 to 3 have categorically stated that accused was having habit of playing single digit lottery and also having habit of intoxicating himself - Not only PWs.7 and 15 have corroborated this version of PWs.1 to 3 but medical examination of deceased by PW14 confirms suicide committed by wife - PW14 being a..........
Indian Penal Code, 1860, Section 498A, 306 -..........
Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3 & 4 Dowry Prohibition Act - Transfer of case - Inconvenient for all family members to attend Court - If case is transferred it will cause inconvenience to respondent No.2 - In matter of transfer of a case..........
Indian Penal Code, 1860, Section 304B, 498A -- Demand of dowry or money - Not an offence u/ss 304-B or u/s 498-A IPC - Prosecution is further obliged to prove that accused used to torture and harass the deceased, which constitute cruelty for satisfying the demand of dowry/money...........
Indian Penal Code, 1860, Section 498A -- Cruelty - So far as clause (a) is concerned, it can be classified as : (i) any `willful' misconduct which is of such a nature as is likely to drive the woman to commit suicide; or (ii) any `willful' conduct which is likely to cause grave injury to the woman; or (iii) any `willful' act which is likely to cause danger to life, limb or..........
