Indian Penal Code, 1860, Section 420 -- Cheating - Loan transaction - Mere inability of accused to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - Seized currency was recovered from possession of accused - However, prosecution has failed to bring on record any materials to show that accused knew or having reasons to believe the currency notes seized from him are forged or counterfeit - Even, accused entered into altercation with PW3 regarding question of..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Prosecution failed to establish mens rea on the part of accused leading to commission of suicide by deceased - Accused cannot be held responsible for commission of suicide by deceased, as there was no instigation or abetment on their part - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In order to attract liability u/s 138 of the Act, mens rea is not an ingredient...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Vague and general allegations regarding demand of dowry made against accused - No concrete or conclusive evidence against accused and his family members to prove their complicity in commission of crime - No complaint or application alleging maltreatment or misbehavior by accused was made by deceased -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295-A IPC - Admittedly, petitioner is ailing and is suffering from bipolar disorder and schizophrenia from year 2017 onwards - In view of her mental condition, it would be a matter of adjudication during trial as to whether she had necessary mens rea to commit offence in..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 14B -- Damages - Default or delay in payment of EPF contribution is a sine qua non for imposition of levy of damages u/s 14-B of the Act - Mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities...........
