Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Demand towards share in agricultural land or monetary relief from father - Demand cannot be said to be made with the intention of driving father to commit suicide...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide after five days of suicide note - No proximate link between suicide note recording harassment allegedly at the behest of petitioner and the extreme step taken by deceased - FIR and charge sheet qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Triple murder case - Burden of proof - Facts within special knowledge of appellant were required to be clarified by them - Onus that shifted to appellant u/s 106 Evidence Act not discharged - No error in judgment of conviction...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence on record that accused and deceased were last seen together - There is also no evidence what happened after deceased went to room and had gone to sleep - Prosecution failed to prove guilt and complete chain of events which may lead to only conclusion that accused alone committed murder..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
