Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Allegation that two grown up persons had forcibly taken away a 19 years old girl and both of them committed rape upon her - However, medical evidence failed to support prosecution case though she was examined on the very next day of occurrence - Victim never stated in her evidence as to who amongst appellants had first..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - In order to bring a case within the purview of S.295-A IPC manner of publication is to be seen - Words published must be such as are bound to be regarded by any reasonable man to be offensive and provocative and made with intent to maliciously and deliberately outraging feelings of any class of citizens of..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Petitioner is a religious preacher and discourse by petitioner clearly appears to have been made with an intention to encourage his disciples to take the name of God - No mala fide can be attributed to petitioner and utterances attributed to him cannot be said to have been made with deliberate and malicious..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand for return of money cannot by itself be construed as an act to be done with intention to instigate or provoke commission of suicide, as mere demand of money does not ordinarily drive a person to take such an extreme step...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of petitioner demanding money back or keeping motorcycle of deceased with him cannot be said as an overt act in the nature which led deceased with no option but to commit suicide - Order framing charge set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - In a petition where quashing of FIR is prayed for, High Court should not have passed an order directing I.O. to comply with S.41-A Cr.P.C. because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of FIR is made out...........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Constitution of India, 1950, Article 226 -- Writ appeal - Conditions that need to be satisfied before a person is entitled to maintain an appeal are: (i) that appealing party has been a party in proceedings from which appeal has arisen; (ii) that definitive and conclusive ruling of High Court on rights of parties in dispute is the subject of appeal; and (iii) that he is a..........
