Indian Penal Code, 1860, Section 420 -- Cheating - Mere fact that one ingredient is fulfilled and mere statements made to show dishonest intention or falsity of statement, threshold of S.420 IPC is not breached, constituting offence...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record to show that representation made by accused or de facto complainant was false or that they had prior knowledge of such representation being false and made only with intention to deceive - No proof of any financial transaction is on record much less concerning accused - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Indian Penal Code, 1860, Section 375 -- Rape - Consensual relationship would not constitute rape within meaning of S.375 IPC...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Material contradictions in the statements of PWs - Statements of PWs therefore, do not inspire confidence - It is difficult to believe that no one was shot where it is being said that about ten rounds of firing took place - Prosecution failed to establish commission of alleged offence by accused beyond all..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Reduction of sentence - Accused remained behind bars for about 5 months out of total sentence of 6 months only - He not indulged in any other criminal case except present one - Considering the fact that he has suffered 5 months of incarceration and he faced financial hardship and had to go through mental agony,..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........
