Indian Penal Code, 1860, Section 376(2)(f), 417 -- Rape - False pretext of marriage - Complainant from day one had knowledge and was conscious of fact that appellant was in a subsisting marriage though separated - It is upon having an active understanding of circumstances, actions and consequences of acts, that complainant made a reasoned choice to sustain a relationship..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of promise to repay per se does not infer dishonest intention...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Representation by accused to the deceived doing fraudulent or dishonest inducement is sine qua non for making out offence u/s 420 IPC - There is no allegation of complainant that any accused has made any representation to him to part with any property - As such, for want of any..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of trust and dishonest intention should be evident from inception of agreement - Where initial agreement is executed with bona fide intentions but a subsequent breach occurs, it cannot be automatically construed as a criminal offence...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Indian Penal Code, 1860, Section 379 -- Theft - Ingredients essential to constitute an offence of theft are : (i) dishonest intention; (ii) absence of consent; (iii) movable property; and (iv) possession of someone other...........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
