Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Words allegedly uttered by accused not aroused sexually impure thoughts in the mind of the hearers - Basic ingredients of S.294(b) IPC are not attracted - Proceedings quashed...........
Indian Penal Code, 1860, Section 354A -- Offence u/s 354-A IPC - None of ingredients of S.354-A IPC attracted in view of FIS - No purpose will be served in proceeding further against accused - Proceedings quashed...........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376 -- DNA test - Paternity of child - Rape case - Paternity of child is not relevant for deciding case u/s 376 IPC, as same can be decided on oral evidence - Even otherwise, medical evidence in a rape case is not always final but plays role of secondary evidence - Application for DNA test rightly rejected...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place due to some dispute regarding field - Presence of accused at the spot was admitted by defence - Testimony of PW1 regarding incident is fully supported by PW5 who is owner of shop where incident had taken place - An axe was seized from accused and therefore, it cannot be said that prosecution..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Sentence - Accused at the time of incident was 25 years old - Both accused and deceased are cousin brothers - Looking to facts and circumstances of case, sentence of accused reduced to period already undergone with fine of Rs.50,000/-...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Neither doctor was produced who has stated that deceased was in fit state of mind to make statement, nor I.O was produced to prove such statement - There was gap of two days from date of recording of such statement and time of death of deceased - No corroborative evidence..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Accused was not apprehended from the spot - Weapons of offence recovered from an unidentified location - Prosecution failed to prove that accused had intention or knowledge relating to commission of murder or towards it - Offence u/s 307 IPC not made out against accused - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
