Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Sequence of events as narrated by PWs does not show that there was any intention on the part of appellant to cause death of deceased - No knowledge can be imputed to appellant that injury could in ordinary course of nature be sufficient to cause death - Appellant thus, liable to be convicted u/s 325 IPC...........
Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Offence u/s 307 IPC cannot be ascertained merely on basis of injuries only...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Live-in-relationship or relationship in the nature of marriage -- Following relationship have not been recognized or approved as live-in relationship or relationship in the nature of marriage - However, list is not exhaustive but merely illustrative : (i) Concubine cannot maintain relationship in the nature of marriage; (ii) Polygamy, that is a relationship or practice of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
