Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Complaint lodged belatedly by complainant on the basis of listening of story from his wife - Delay is not explained in the complaint or in the evidence - Prima facie it appears that complaint itself is suspicious - Though..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354, 448 -- Sexual assault - Entering into house of complainant in her absence and her husband, by accused, touching body of victim girl and kissing her shows that accused had sexual intent - Act involves physical contact by accused with victim - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - S.489-A IPC does not permit Court to presume the mental state of an offender, who is found in possession of counterfeit or forged currency notes...........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere possession is not punishable u/s 489-C IPC...........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere fact that accused is resident of Delhi and he was apprehended in Mussoorie does not empower Courts to raise presumption of mental state - Accused did not have reason to believe that currency notes were forged or counterfeit because he was given those currency notes by one person as a payment - It..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
Indian Penal Code, 1860, Section 304PartII -- Offence u/s 304 Part-II IPC - Incident not witnessed by any of PW and they relied on what other person and investigating police team disclosed - Their evidence being based on what has been reported by others, rather than what they had observed or experienced is certainly intrinsically weak piece of evidence which cannot be..........
Indian Penal Code, 1860, Section 376 -- Rape - The incidents occurred in the year 2014 - The amended provisions of IPC and Evidence Act of 2013 have to be considered in this case - Though PW1 has not spoken in detail about the nature of the rape committed on her in regard to penetration, insertion etc., her testimony that she has been sexually abused means to convey that..........
