Indian Penal Code, 1860, Section 304B -- Dowry death - Merely because deceased committed suicide in her parental home and not in her matrimonial home, cannot be said that it is not a case of dowry death - Place where a tormented lady gets compelled to kill herself has no bearing - For the purpose of S.304-B IPC, it is the existence and continuance of matrimony which has to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression "soon before her death", as used in S.304-B IPC has to read as an expression of continuity of time and not an expression of mere length of time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 306, 498A, 34 -- Bail - Dowry death - Accused and his family members started harassing deceased over dowry on the very next day of marriage by stating that deposit of Rs.7,00,000 brought by her from her parental home would fetch only a small car - Though deceased shifted to her parental..........
Indian Penal Code, 1860, Section 497 -- Adultery - Aggrieved party i.e. husband of prosecutrix has not made complaint of adultery before Court - Ingredients of S.497 IPC thus, not made out against appellant - Appellant acquitted...........
Indian Penal Code, 1860, Section 497, 376 -- Adultery and rape - Distinction: (i) Adultery can be committed only with a married woman, whose husband is alive, whereas rape can be committed on any woman married or unmarried, whose husband is alive or dead or a divorced woman; (ii) In adultery, woman is willing and consenting partner but in rape sexual intercourse is..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, a mini trial is not permissible and trial Court has to proceed with material brought on record by prosecution and determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary of offence alleged...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - False promise of marriage - Physical relationship between appellant and prosecutrix was consensual from the very beginning and cannot be said to be against will or without consent of prosecutrix - Even if case of prosecutrix is accepted, there is no material on record to show..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where plaintiff claims a particular relief or reliefs against a defendant and defendant makes a plain admission, former is entitled to relief or reliefs admitted by latter...........
