Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Reduction of sentence - Accused forcibly entered into office of complainant and beaten injured and poured acid over his body without any reason - He committed marpit with other employees of office - It was a Government office where alleged incident took place, therefore, accused also created..........
Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transferred from Court of Judicial Magistrate to Family Court, as per prayer made in the application for transfer of case - Family Court cannot deal with a criminal complaint for an offence under Indian Penal Code - A wrong order of Court cannot be allowed to stand on the ground that one of the parties invited..........
Indian Penal Code, 1860, Section 376, 506(i) -- Rape - Consent - Non-raising resistance at the time of committing sexual assault by accused, amounts to pre-consent...........
Indian Penal Code, 1860, Section 376, 506(i) -- Rape - Occurrence happened on 07.05.2009 and prosecutrix became pregnant - If evidence of prosecutrix is found correct, there was no chance for her to reach menstrual period after 07.05.2009 but doctor who examined victim girl stated in her report that last menstrual period is 03.06.2009 - Such circumstance create a doubt..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage performed after grant of decree of divorce but during pendency of appeal filed thereagainst - Appeal dismissed confirming decree of divorce - Doctrine of merger comes into play - Decree would operate from date of original decree of divorce of Family Court - Appellate decree reverts back to date of decree of..........
Indian Penal Code, 1860, Section 494, 114 -- Main offence u/s 494 IPC becoming inoperative and non est - Perfunctory offence u/s 114 IPC not attracted...........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Motive - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - Second marriage had been registered after an arrangement for maintenance was made to first wife for only a portion of property in which all are..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Non-explanation of eruption of fire in the house by accused would not be held against her, particularly when fire had erupted at midnight when accused and others were sleeping and she came out shouting - Moreover, explanation for cause of fire by accused would arise only if there was any..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - However, if she was responsible for such act, would not she have closed the door after coming out of house to ensure that deceased does not come out -..........
Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Defence of accused is that he has no criminal history - However, there is a charge of rape and molestation and having or not having criminal history is not at all relevant in such type of cases - Accused rightly convicted...........
