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...........
Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Reduction of sentence - Appellant convicted and sentenced to undergo life imprisonment till natural death - Offence is grievous - However, considering age of appellant and also that there are no antecedents and further his conduct during custody has been..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 376 -- Rape - Subsequent conduct of prosecutrix maintaining relationship with accused for 4 years after death of her husband, reveals that sexual relationship between them cannot be classified as rape...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent given under misconception of fact - Consent given by prosecutrix to sexual intercourse with person with whom she was deeply in love, on promise that he would marry her on later date, cannot be said to given under misconception of fact...........
