Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Rashness and negligence must be proved by cogent evidence and cannot be presumed merely from occurrence of an accident...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Identity of driver of offending vehicle not proved by prosecution - No RC of jeep was produced to link ownership or possession to accused - Omission of TIP, doubtful credibility of eye witnesses, implausibility of escape theory and that too without accused sustaining any injury in a serious..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held liable merely because witnesses stated that he was driving the vehicle at a high speed...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held to be negligent merely because he did not possess a driving licence...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory u/s 148 of the Act emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit compensation amount - Appellate Court holds the discretion to waive condition only in exceptional circumstances - Such circumstances must be demonstrated through compelling and substantiated material provided by appellant - In the absence of such cogent material, it..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit 20% of compensation amount - Ground that petitioners are facing financial difficulty cannot be said to be a ground sufficient enough for carving out an exception from the mandate contained in S.148 of the Act - Imposition of condition of deposit of 20% of amount of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Compromise - Parties are brothers and belong to same family - Matter has been amicably settled between them - Sentence awarded to appellant reduced to period already undergone by them - However, fine amount remains same - Sum of Rs.10,000 is imposed as cost of proceedings...........
