Indian Penal Code, 1860, Section 415 -- Cheating - To constitute cheating, a person must deceive another - Secondly, by doing so the former must induce the person so deceived to (i) deliver any property to any person; or (ii) to consent that any person shall retain any property; or (iii) intentionally induce the person so deceived to do or omit to do anything which he..........
Indian Penal Code, 1860, Section 420, 415 -- Cheating - Breach of terms of agreement - No allegations as to deception or dishonest intention - Also there is no allegation that complainant as a consequence induced to deliver any property or to consent that any person shall retain any property or that he was deceived to do or omit to do anything which he would have not done..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Two ingredients are : (i) entrusting any person with property, or with any dominion over property; and (ii) the person entrusted dishonestly misappropriates or converts to his own use that property to the detriment of the person who entrusted it...........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Breach of contractual terms - Does not ipso facto constitute the offence of criminal breach of trust without there being a clear case of entrustment - When no element of entrustment is prima facie established then offence of criminal breach of trust is not ex facie made out...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Words uttered in a fit of anger or emotion without intending consequences to actually follow cannot be said to have instigated the deceased to commit suicide...........
Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B -- Bail - Cheating - Accused is in custody since 27.7.21 - As many as 55 PWs are to be examined by prosecution out of which only 5 have been partly examined - Trial of case ought to have concluded within a period of 60 days - Co-accused already granted bail - Bail granted to..........
Indian Penal Code, 1860, Section 354A, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 504, 506 IPC and Ss.7, 8 of POCSO Act - Age of victim - Plea to determine age of victim before proceeding with the trial - Rejected on the ground that same can be done only after entire evidence is collected - No interference warranted..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
Indian Penal Code, 1860, Section 80 -- Benefit of presumption u/s 80 IPC - Burden of proof - Degree and character of burden of proof which casts on an accused when he pleads the benefit of presumption u/s 80 IPC, cannot be equated with degree and character of proof which u/s 101 of Evidence Act rests on prosecution - Such proof may consist of circumstances appearing in..........
