Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No case of prosecution that any of accused has instigated deceased directly or indirectly, or aided her in any other way to commit suicide - Offence u/s 306 IPC not made out - Acquittal upheld...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No demand for any dowry, valuable security or property is made and that she was not harassed in connection with any such demand - Case u/s 498-A IPC not made out against appellant - Acquittal upheld...........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/Ss.304-B, 498-A IPC - Conviction - Appreciation of evidence - Bald allegation by de-facto complainant about demand of dowry and cruelty - Statement of de-facto complainant about giving jewelry not corroborated by any prosecution witnesses - Even, as per evidence on record, `soon before her death' deceased was at her..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Term `soon before her death' is an elastic expression and may refer to period either immediately before her death or within few days or even few weeks before it...........
Indian Penal Code, 1860, Section 304B -- Dowry death - There should be perceptible nexus between death of deceased and dowry related harassment or cruelty inflicted on her...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ss.3(2)(v), 18 - Anticipatory Bail - Rape - Applicability of S.18 SC/ST Act - Neither FIR nor initial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Anticipatory bail - Rape - Investigation of case stands completed and accused joined..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Identification of accused - If an accused is not named in FIR, his identification by witnesses in Court should not be relied upon specifically when they did not disclose name of accused before police - But to this general rule, there may be exceptions...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
