Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - None of PW stated about cruelty or harassment to deceased by accused or any of family members on account of demand of dowry soon before death or otherwise - Rather, harassment has not been narrated by anyone - Only certain oral averments on record regarding demand of motorcycle and land which is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 14 years old girl - Modification of sentence - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye witnesses - Accused sentenced to life imprisonment for whole of biological life of accused without remission - Accused was 26 years of age when offence was committed and..........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Mere abduction does not bring accused under ambit of penal section - S.366 IPC applies when woman abducted has no intention of marriage or lawful intercourse when abducted...........
Indian Penal Code, 1860, Section 366 -- Abduction - Accused did not force or induce victim to leave her matrimonial home but she left it due to harassment and torture inflicted on her by her husband - Victim is living at home of accused on her free will on request of wife of accused who was her friend - Essential ingredients of S.362 or even S.366 IPC are not fulfilled..........
Indian Penal Code, 1860, Section 283, 427 -- Offence u/ss 283, 427 IPC - Quashing of FIR - Mere vague allegations in the FIR, consisting of words used in definition of an offence, in the absence of any corroborating details, does not lead to prima facie satisfaction for constituting that offence - FIR quashed...........
Indian Penal Code, 1860, Section 304(Part I), 324, 294(b) -- Offence u/ss 304(Part I), 324, 294(b) IPC - PW1 and PW2 witnesses of occurrence identified accused as assailant - Two wheeler of accused recovered from the place of occurrence - PWs identified the two wheeler of accused which he left and fled away from the place of occurrence - Accused rightly convicted -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
