Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Accused declared proclaimed offender - Matter compromised in proceedings u/s 138 of Act of 1881 - Complaint was withdrawn - Once the case has been withdrawn then continuance of prosecution in FIR u/s 174-A of IPC would be..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Doctor could not trace of spermatozoa and therefore no injury marks were found on body of prosecutrix - She further testified that prosecutrix had not been subjected to any forcible sexual harassment or intercourse - Prosecutrix was..........
Indian Penal Code, 1860, Section 302, 326, 149 -- Nature of offence - Fatal injury was caused by a hard and blunt weapon on left parietal bone - No corresponding injury by weapons used by A-9, A-12, A-19 and A-20 - Conviction of appellants u/s 302/149 not justified - Since there is abundant evidence on record to show that accused attacked deceased and injured witnesses..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Circumstantial evidence - Accused was living with deceased in her house - He used to beat her because deceased suspected that accused had relation with other women - Accused and deceased were last seen together but accused failed to explain as to what happened after accused and deceased were last seen..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Mother of prosecutrix mentioned the age of prosecutrix to be 20 years - Even, in statement u/s 164 Cr.P.C, prosecutrix has mentioned that her age is 20 years - Offences u/ss 363, 366 IPC are not made out...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix stated that she called accused to her home and they went away and got married in temple - They both stayed together and only after complaint was lodged, FIR was noted, prosecutrix came back - Prosecutrix had conceived and she gave her statement that police official read over what she had mentioned - Prosecutrix has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
