Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial - When an offence is made out against the accused irrespective of fact that whether the prosecutrix was a consenting party or not, then certainly,..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Indian Penal Code, 1860, Section 376, 313, 323, 504, 506, 507 -- Rape - Compromise - Quashing of proceedings - Victim married with accused and they have one son - She has entered into compromise with accused with her free will and without any coercion - No fruitful purpose will be served to proceed against accused - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
Indian Penal Code, 1860, Section 313 -- Offence u/s 313 IPC - Where victim was forced for miscarriage due to some medical complication, S.313 IPC is not attracted...........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........