Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Occurrence took place when deceased was alone at home - Motive for occurrence has been spoken by PW1 which was corroborated by PW2 - Defence has not disputed the motive aspect spoken to by PW1 and PW2 - Evidence of doctor coupled with post mortem certificate, established that deceased died due..........
Indian Penal Code, 1860, Section 307, 323, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 307, 323, 34 IPC - Benefit of probation - Sentence of accused was suspended and they were released on bail - After release on bail accused are living in the society peacefully without there being any criminal antecedents to their discredit - Benefit of probation..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused had by their act and consecutive course of conduct, constituted such circumstances that deceased was left with no other option except to commit suicide - On the grounds of these repeated ferocious acts of accused, an instigation may have to be inferred by trial Court while framing charge u/s 306 IPC -..........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Act and conduct of accused is sufficient to prove intention of accused regarding outraging modesty of prosecutrix who is 6 years old...........
Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Determination of age of prosecutrix - Date of birth of prosecutrix is mentioned on school register as well as admission card as 25.9.2014 - Prosecutrix was only 6 years old at the time of incident - Age of..........
Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Accused took the prosecutrix and went to his closed room, therein, he took the prosecutrix in his lap and wanted to give her a bite, during that time, he was rubbing in her thigh - Act of accused is sufficient..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Accused has explained the context in which he made statements on the basis of which a complaint of defamation was filed - Moreover, such statements have been unconditionally withdrawn by accused - It is thus, unjust to continue prosecution - No purpose will be served by continuing prosecution -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
