Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Deceased was strangulated first and after life was extinguished, an attempt was made to camouflage death as one which arose out of burn injuries - Evidence of PWs 1 to 3 is quite consistent, cogent and firmly establishes not only demands for dowry but dowry related harassments that deceased was subjected to -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1A), 25(1B) -- Murder - Reliability of sole eye-witness - Conviction - Witnesses corroborate PW1 - Therefore, prosecution has been able to prove PW1 was an injured eye-witness to the incident - All evidence proved the offence - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354A, 451, 506, 511 -- Bail - Rape - Offences in question not punishable with death sentence or imprisonment for life - There is thus, no legal and statutory bar to grant bail - Even otherwise, offences in question are serious in nature and against society cannot be the sole reason for..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegations of rape cannot be quashed on the basis of NOC given by victim stating that she does not want to pursue the FIR against accused and fact that she has turned hostile does not waive off offence as alleged by her against accused, as act of rape is not an act..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and prosecutrix were in long term relationship and even a engagement had taken place, which indicates that accused did indeed intend to marry prosecutrix - Just because relationship ended on hostile terms, it cannot be said that there was no intention of accused to marry prosecutrix in..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Indian Penal Code, 1860, Section 505(1)(b), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 505(1)(b) IPC - Prosecution failed to explain as to how speech of accused had led to incitement to violence/public disorder - No prima facie case is made out against accused - Moreover, investigation of case has not revealed anything more against accused - FIR quashed...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused and victim are major and have entered into nuptial knot - High School Certificate indicate petitioners are major - Police authority must determine veracity and authenticity of the documents and to assess first the age and then free will of the victim - In case it is found that victim of her own free will..........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
