Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Complainant alleged suffering miscarriage due to her family pushed her out of house - No medical documents from any medical institution or hospital or nursery produced to substantive allegations - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Apart from statements of complainant and her father, there is no evidence to substantiate allegations of harassment and acts of cruelty - Were allegations of harassment, physical assault and miscarriage are made and there were no medical examination conduced by..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix's testimony lacks corroboration from scientific and medical evidence and discrepancies between her account and medical report undermine her credibility - Non-production of FSL reports further weaken the allegations - Additionally, FIR was lodged with a delay of 3 days without any satisfactory explanation, which is..........
Indian Penal Code, 1860, Section 447 -- Offence u/s 447 IPC - Evidence presented does not substantiate essential elements required to establish that accused unlawfully entered into or remained on defendant's property with criminal intent - Furthermore, circumstances do not demonstrate an intention to commit any offence or to cause unlawful dispossession - In absence of..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere association or presence at the site is not sufficient to attract liability u/s 120-B IPC...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Conviction u/s 120-B IPC cannot be sustained in the absence of substantive evidence of any conspiracy or meeting of minds between accused and co-accused...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is suffering agony of trial for last more than 20 years - He has undergone a period of 1 month and 13 days out of total sentence of six months - He is not involved in any other case - Since there is no minimum punishment prescribed u/ss 279, 337, 338 IPC,..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused was 35 years at the time of incident - About 27 years have lapsed since the incident - Accused has only remained confined for four months and 11 days in jail and since then he is on bail - Sentence reduced from 10 years R.I. to minimum punishment of 7 years - However, fine imposed is enhanced..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 102 -- Murder - Seizure u/s 102 Cr.P.C. unless it is linked to crime cannot be relied on to convict the accused for murder on the conspiracy alleged...........
