Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife had lodged false FIR against husband and his family members u/ss 498-A, 323, 504, 506, 354, 376 IPC and Ss.3, 4 of Dowry Prohibition Act - These are serious issues and it definitely amounts to cruelty - Divorce petition rightly allowed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal right - Filing petition for restitution of conjugal right per se will not lead to an inference that petitioner is ready to resume conjugal relationship - After filing restitution of conjugal right petition, appellant has also filed application before Judicial Magistrate under Domestic Violence Act and another..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Demand made for gold ornaments at the time of a customary ceremony performed when a male child was born to couple cannot be considered to be a dowry demand, as it is not connected with marriage of said parties...........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Dowry demand within the meaning and scope of 304-B IPC should be any property or security given or agreed to be given in connection with marriage...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sentence - Sessions Court imposed sentence of 1 year R.I. only u/s 498-A IPC and a fine of Rs.100 - Appellant has undergone R.I. for five months longer than what has been imposed on him u/s 498-A IPC - Since his incarceration has been much more than what had been imposed by Sessions Court and was affirmed by High Court, it..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Victim has not supported prosecution case and has exonerated accused in her examination - Material exhibit sent to Forensic Lab for examination did not find anything incriminating in them - Merely by I.O. stating that accused was brought at police..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Accused convicted under both the provisions i.e IPC and POCSO Act - However, trial Court has not considered the fact that S.42 of POCSO Act states that offender if found guilty of such offence shall be liable to punishment only under POCSO Act or under..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Compensation as granted by Supreme Court in the criminal case shall not be deducted from the total compensation, if any granted by the Motor Accident Claims Tribunal or by any other Forum by reason of loss of dependency caused by the death of the son of PW1...........
