Indian Penal Code, 1860, Section 405 -- Offence u/s 405 IPC - Mere breach of contract does not constitute offence u/s 405 IPC without there being care of entrustment...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has initiated 7 proceedings against husband including 5 criminal cases u/s 498-A IPC and Dowry Prohibition Act - However, husband was acquitted of the charges - Husband lost his job as a teacher and is unable to find a new job by reason of criminal cases registered against him -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Filing a complaint before a lawful authority cannot amount to instigation or abetment of suicide, as intention in filing the complaint is not to instigate or goad the deceased to commit suicide...........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of victim - When the evidence of victim is convincing and medical evidence is corroborating with the version given by victim regarding the physical assault and also commission of rape, there is no necessity to seek corroboration from any independent witnesses - Conviction upheld...........
Indian Penal Code, 1860, Section 370(1)(2), 354, 342, Immoral Traffic (Prevention) Act, 1956, Section 4, 5, 6 -- Offence u/ss 370(1)(2), 354, 342 IPC and Ss.4, 5, 6 of Immoral Traffic (Prevention) Act - One out of four victims examined - She stated that she has no knowledge of accused and she never met with other victims - All the victims stated in their statement u/s 164..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Indian Penal Code, 1860, Section 354, 34 -- Offence u/ss 354, 34 IPC - Framing of charge - Injured witnesses were initially abused and assaulted and firearm were used in that incident and thereafter when wife of injured `J' reached at the spot, she was molested and her clothes were torn away - Victim and injured witnesses supported the prosecution case - Charges rightly..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge - All three accused had opened fire - In order to attract provisions of S.307 IPC, intention is important - There are grounds for framing charge u/s 307 IPC - Charge rightly framed against accused...........
