Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Punishment prescribed u/s 376 IPC and S.4 of POCSO Act are one and same - Argument that once accused was convicted u/s 4 of POCSO Act, Special Judge ought not to have convicted accused for offence punishable u/s 376 IPC, looses its significance...........
Indian Penal Code, 1860, Section 302, 201, 84 -- Murder of two minor children by father - Plea of unsoundness of mind - Accused was addicted to alcohol and was admitted to rehabilitation center for de-addiction - Nothing on record that accused was medically treated as a person of unsound mind or was legally required to be taken as a person of unsound mind - Even plea of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Indian Penal Code, 1860, Section 471, 464, 470 -- Forged document - Unless document is false and forged in terms of Ss.464, 470 IPC respectively, requirement of S.471 IPC would not be met...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380 -- Anticipatory bail - Husband surrendered tenancy and removed household items without informing the wife and without her consent and knowledge - Law does not permit even the husband to take household articles including jewellery in this manner - Only because a complaint of wife in relation to..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Second marriage during subsistence of first marriage - There is no indication of `valid marriage' in S.498-A IPC - Words `husband or relative of husband' not only rope in those who are validly married but also anyone who has undergone some or other form of marriage and thereby assumed for himself position of..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Investigation of case is still pending - It is not proper for Court to look into material brought by accused as acceptability or veracity of such documents is a matter of trial - Whether offences are made out is a matter of trial - No ground for quashing FIR at this stage made out - Petition for quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
