Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Dowry demand - Discharge on ground of territorial jurisdiction - Plea that cruelty and harassment alleged to be at place `G' as such Court at place `R' has no jurisdiction - Emotional distress or psychological effect on wife, if not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of married woman - Sole testimony of prosecutrix - Husband of prosecutrix was already in knowledge about said incident - It is thus, not clear as to why prosecutrix and her husband did not report alleged incident to police immediately - Prosecutrix herself admitted that even during next 15 days after alleged incident, she..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - 100% burn injuries - Mere fact that no kerosene smell is observed or perceived from body of deceased while conducting autopsy, same would not rule out death of deceased by setting herself ablaze by pouring kerosene on her body, as deceased had sustained burn injuries all over her body and same would reveal of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - 100% burn injuries - Accused had repeatedly driving deceased to her father's house to fetch more amount as demanded by him - PWs 1 to 5 are reliable and their evidence is acceptable - Prosecution established that deceased died due to dowry harassment committed by accused and cruelty inflicted upon deceased by..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Discharge - Allegation that by presenting fake and forged treasury challans, necessary passes were obtained to lift liquor thereby causing loss to public ex-chequer through cheating, forging and criminal conspiracy - Admittedly, licence is in the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 406, 498A, 506, 120B -- Quashing of FIR - Compromise - Offence u/ss 323, 406, 498-A, 506, 120-B IPC - Parties entered into compromise after conviction of accused - Compromise not only brings peace and harmony between parties to a dispute, but also restores tranquility in society - It is thus,..........
Criminal Procedure Code, 1973, Section 482, Copyright Act, 1957, Section 63, Indian Penal Code, 1860, Section 479, 481, 482, 483 -- Quashing of chargesheet - Infringement of copyright - Petitioner allegedly continued using registered logo and shared it with another company post expiry of agreement - FIR clearly making out case u/s 63 of the Act - In instant case since..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Argument between deceased and accused accompanied by pushing and pulling on record as per evidence of PW16 and PW19 - Injuries sustained by deceased as reflected in autopsy report and statements of PW16 & PW19 establish that accused had taken undue advantage and acted in a cruel manner by inflicting..........
Indian Penal Code, 1860, Section 342 -- Illegal confinement of unsound mind lady by her own brother - Statement of victim was not recorded u/s 161 Cr.P.C, as she was a mentally unsound person - Even victim was not examined, as she expired during trial of case - It could not be established by prosecution as to whether victim was competent to testify or not and mandate of..........
