Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Delay in filing the complaint has not been explained by prosecution - Doctor has opined that injuries are simple in nature - Name of accused is not shown in the wound certificate - If really the accused assaulted PW1 with his hands, as alleged by prosecution, he would have disclosed the name of accused before..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Except the evidence of PW1 that accused abused him and PW3 deposed that accused abused her, prosecution has not placed sufficient materials to prove the alleged commission of offence u/s 504 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 436, 304, 429, 34 -- Offence u/ss 436, 304, 429, 34 IPC - Previous land enmity between parties since 1984-85 - Accused allegedly lit fire on cowshed of informant resulting in death of his grand-daughter and one calf - Eye witnesses account given by them is believable, reliable and quite reasonable and there is no ground to disbelieve the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere lodging of complaint against husband for offence u/s 498-A IPC is not a cruelty - However, when said case ended in acquittal and wife did not prefer any appeal and husband was sent to jail during crime stage, it amounts to cruelty...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Contradictory evidence given by PWs regarding the fact that accused was being found on the floor in unconscious state with bleeding injuries - Prosecution has not brought on record any evidence that there were any injuries on accused or that he was treated in the hospital - Weapons used in the..........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Indian Penal Code, 1860, Section 363, 366A, 365, 368, 376, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Kidnapping and rape - Compromise - Victim married with accused on her own accord and she is major - Their marriage is registered and they are living happily - No useful purpose to continue proceedings against accused - Offence compounded -..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Indian Penal Code, 1860, Section 458, 342, 380 -- Offence u/ss 458, 342, 380 IPC - Temple properties were seized from accused in the presence of PW5 - No explanation or any reason was given by accused for having possession of temple properties - Accused rightly convicted - However, trial Court without supporting any evidence and materials relied upon pending cases against..........
Indian Penal Code, 1860, Section 376 -- Rape - To constitute an offence of rape complete penetration of penis with emission of semen and rupture of hymen is not necessary...........
