Indian Penal Code, 1860, Section 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Determination of publisher - Presumption contained in Act of 1867 applies only in absence of evidence - Where accused admits publication of news item, recourse cannot be taken to presumption contained in Act of 1867...........
Indian Penal Code, 1860, Section 500 -- Defamation - Calling a person Gunda spreading Gundaraj, being a member of Shallow Theater People, without any justification, indicates intention to harm reputation of that person - Intention can be inferred from circumstances of case and no direct evidence of the same can be led...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - When imputation concerning reputation of a person is made without justification, it can lead to inference that publication was with intent to harm reputation of such person...........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witness/PW7 - Police statement of PW7 recorded after 20 days of incident - No evidence on record to show that after the incident, said witness had immediately left village and was not available for recording his statement - Statement of PW7 does not appear to be worth credence...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 279, 337 -- Benefit of probation - Offence u/ss 279, 337 IPC - Petitioner has actually undergone sentence of 1 month and 26 days out of total sentence of 3 months - No criminal antecedents against petitioner - Benefit of probation of good conduct granted to petitioner - Conviction and sentence..........
Indian Penal Code, 1860, Section 376D, 366, 354A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of proceedings - Misunderstanding in lodging FIR - Terms of compromise are unacceptable for quashing FIR...........
Indian Penal Code, 1860, Section 354A -- Sexual Harassment - Conviction - Accused contacted prosecutrix and insisted hereto disclose her name and expressed in words "I love you" - However, prosecution witness nowhere revealed that accused uttered "I love you" with a sexual intent - Further as per evidence on record neither suggest that the accused real intention was to..........
