Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Cause of death is asphyxia due to strangulation by ligature - Complainant and her companions detected black spot on left side of neck of deceased - Death of deceased is homicidal and not suicidal - Accused/husband was in the same house at the relevant time - However, no probable defence taken..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Acquittal of accused - Offence u/ss 409, 428, 477-A IPC - Nothing indicated by petitioner as to why and on what aspect judgment of acquittal is challenged - General arguments on behalf of petitioner have been advanced - There is no illegality, impropriety or wrong in impugned judgment which may require any..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Applicant alongwith others committed a theft of Rs.75,000 and gold articles - Though offence are triable by Magistrate but not bailable and maximum punishment can go upto 5 years, 7 years, 14 years respectively, it cannot be said that Magistrate..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Merely because co-accused was acquitted, Court cannot ignore evidence against absconding accused and jump to same conclusion as in case of co-accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Indian Penal Code, 1860, Section 376 -- Rape - Repeated sexual intercourse - First act of sexual intercourse not consensual - It is immaterial as to whether subsequent instances of sexual intercourse were consensual...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Mere act of helpless resignation in the face of inevitable compulsion, quiescence, non resistance, or passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be deemed to be `consent' - Consent, on the part of a woman as a defence to an allegation of rape, requires voluntary..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), 3(2)(v) -- Rape of 14 years old girl - Repeated acts of sexual intercourse - Material on record that victim was under social and psychological hierarchical threat - Conduct on part of victim in surrendering before accused as and when desired..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 18 -- Quashing of FIR - Kidnapping - Mother of victim filed an affidavit that both victim and accused have been married and residing happily - It would not be in fitness to continue judicial process and therefore FIR quashed...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Accused was 23 years of age when he was sentenced to maximum punishment of R.I for life - This definitely is a circumstance leaning towards accused and Additional Sessions Judge has failed to discuss mitigating circumstances which are appearing from prosecution's evidence - Sentence of accused..........
