Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - No proximate and live link between alleged threats given in Feb 2019 and subsequent suicide in May 2019 - There is no positive act on the part of accused to instigate or aid in committing of suicide - It is not established from the allegations and from record that accused intended to push deceased into such..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Consent obtained by fraud amounts to no consent and therefore, if intercourse is done with consent but obtained by fraud, it would amount to rape...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Call records established that call from mobile of deceased was received much before accused had reached the house of PW2 but an impression was sought to be created that deceased had called when accused and PW2 were at jogging track - Fact that accused was on jogging track in black leather shoes while his sports shoes..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix informed her husband regarding incident in morning on returning home - She with clarity stated and identified accused of having committed offence of rape - Incident is duly corroborated by testimony of neighbour PW3 - Defence failed to demolish statements of PW1, PW2 and PW3 or cast reasonable doubt -..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death otherwise than under natural circumstances within seven years of marriage - Evidence of PW1, father and brother of deceased had given a clear indication that there was no cruelty upon deceased soon before date of incident - Necessary ingredients of deceased being subjected to cruelty in respect of demand of..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of minor - Roles of accused persons in assault of deceased on fateful day as per evidence of minor is corroborated by other materials on record - However, it is unsafe to rely on uncorroborated version of minor with regard to role played by A-2 and A-3 in the murder of his mother - A-2 and A-3 thus, entitled to..........
