Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against accused of neglect and refusal to take up responsibility for treatment of child of complainant/wife would not fall within ambit of S.498-A. IPC..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - No allegations in complaint or in charge sheet that criminal force has been used or an assault had been made against complainant with intention of outraging modesty of complainant - I.O rightly dropped provision u/s 354 IPC - Order taking cognizance of offence u/s 354 IPC by Magistrate quashed...........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing - Without there being a positive act on the part of accused to instigate or aid in committing suicide, charge so framed cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against accused is that he used to taunt deceased by saying that she was inauspicious to family, therefore, she committed suicide - No material to establish the fact of instigation, intentional aid or any conspiracy whatsoever having been extended by accused to deceased to commit suicide - Order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Information Technology Act, 2000, Section 66C, 66D -- Anticipatory bail - Cheating - Specific role was attributed to accused - Huge loss was caused to complainant and it was found that accused did fraudulent transactions and took refund of amount - Allegations against accused are..........
