Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Indian Penal Code, 1860, Section 354A(iii), Protection of Children from Sexual Offences Act, 2012, Section 11(iii) -- Sexual harassment - Act of showing any object to a child for pornographic purposes, amounts to offence u/s 354-A(iii) IPC and S.11(iii) of POCSO Act...........
Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 11(iv) -- Stalking - Victim stated in her statement u/s 164 Cr.P.C that she left her residence voluntarily and did not encounter or communicate with petitioner - This statement, therefore, fails to substantiate the essential elements of stalking as defined u/s 354-D IPC..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Abetment of suicide - Respondent together with others stopped a car, confronted deceased and told deceased that he and his family ought to drown themselves for failing to retaliate - PW-1 further described immediate impact of those words that deceased..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Abetment to suicide is not an offence committed at a single moment - It may consist of a build-up of psychological pressure culminating in self-destruction, and law punishes that build-up wherever and whenever it occurs...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused, creates a doubt as to whether prosecution has brought on record real genesis of incident - Such non-explanation, however is a factor which is to be taken into account in judging veracity of PWs and Court has to scrutinize evidence with care...........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Petitioner is acquitted of charges in main complaint u/s 138 of N.I. Act - No useful purpose would be served by continuing proceedings u/s 174-A IPC against petitioner - FIR u/s 174-A IPC along with all..........
