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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Mere refusal to marry would not constitute offence u/s 417 IPC until and unless the requirement u/s 90 IPC is established by prosecution...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Rape - Complainant was aware that petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of incident - There is no allegation in the FIR/Charge sheet about any promise of marriage at the outset of their relationship in the year 2013 - No allegation..........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Indian Penal Code, 1860, Section 420, 417 -- Difference between the two provisions of Ss.420 & 417 IPC - Where in pursuance of deception, no property passes, offence is one of cheating punishable u/s 417, IPC, but where, in pursuance of the deception, property is delivered, offence is punishable u/s 420, IPC...........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
