Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - PW1 narrated the incident in detail right from inception till she was taken to hospital - Doctor though deposed that injuries were superficial in nature but PW5 deposed that if she was not treated immediately her chances of survival were less - Injury caused on neck of PW1 was 7 cm in length and it was on a vital..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Accused caused fracture to PW2 - Medical evidence shows that PW2 had suffered a fracture which was grievous in nature - Conviction u/s 326 IPC is proper...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Genesis of dispute involved is essentially of civil nature given a criminal texture - Ingredients of offence not made out considering final report - Continuation of proceedings against accused would result in abuse of process of Court -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder of 5 years old daughter by her own mother - Plea of alibi - Accused was arrested on the very day of incident after nine hours at the bus stand - PWs stated that they saw accused at the time and place of incident - Even, two independent witnesses also testified that they saw accused with or near..........
Indian Penal Code, 1860, Section 302 -- Murder of 5 years old daughter by her own mother - Testimony of PW1/informant - PW1 stated in her complaint that she saw accused strangling with deceased, which seems to be overt assertion immediately after the incident - Other witnesses including independent witnesses have consistently maintained that accused was available with dead..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of 5 years old daughter by her own mother - Prosecution evidence categorically established that deceased was last seen alive with accused only - Accused required to explain circumstances leading to demise of deceased - However, accused failed to explain the same and upon her failure burden u/s..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Mere fact that there was quarrel between mother-in-law/PW1 and accused in the morning of date of incident, because accused wanted to go to her place of her father, it cannot be said that such a quarrel would make a case of grave and sudden provocation to commit the murder of deceased - Case cannot be brought..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
