Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(i)(ii), 20 -- Illegal gratification - Presumption - Accused serving as clerk in vacancy section of District Employment Exchange office allegedly demanded Rs.200 to issue call letter for job to complainant - PW1 stated that complainant gave money to accused who kept the same in his shirt pocket - However,..........
Criminal Procedure Code, 1973, Section 195, 340 -- Scope - Sub section 195(1)(b)(i) and 195(1)(b)(ii) cater to separate offences - S.340 Cr.P.C. is a generic section for offences committed u/s 195(1)(b), the same has different and exclusive application to clauses (i) and (ii) of S.195(1)(b) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Object - Prosecution under this Section can be initiated only by sanction of Court under whose proceedings an offence referred to in S.195(1)(b) has allegedly been committed - Object of this Section is to ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Principles governing : (a) For a decree of divorce to be granted u/s 13-B of the Act consent of parties must be a continuous consent and must subsist till the date of decree; (b) Consent cannot be presumed by the court if one of the parties remain absent from the proceedings on one or more occasions; (c)..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24 -- Constitutionality of S.24 of the Act - Merely because a section can be misused or put to undesirable results, that by itself would not be reason to declare it as being unconstitutional...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
Indian Penal Code, 1860, Section 326A, 326B -- Acid attack - Merely because title to S.326-A IPC speaks about grievous hurt by use of acid, it is not a requirement under the Section that injuries caused should be invariably grievous - Even if seven injuries as referred under both the Ss.326-A, 326-B IPC are simple, mere act of throwing or attempt as indicated in the..........
