Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Not available to aggressor party who commenced assault on the complainant party - Two theories (of being aggressors as opposed to exercise of right of private defence) are antithesis to each other...........
Indian Penal Code, 1860, Section 326, 304(Part I), 148, 99 -- Nature of offence - Free fight between parties - Injuries caused to both sides - Right of private defence taken by accused - Accused party had assembled at the spot with lethal weapon and all accused were waiting for complainant party to arrive at the spot and started assaulted complainant party - Blows..........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Superficial injuries on person of accused even if remain unexplained, will have no bearing on prosecution case...........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Accused sentenced to undergo S.I for 10 years u/s 304(Part I) IPC and 6 months S.I for offence u/s 148 IPC and fine of Rs.100 on each count in default to undergo 15 days additional S.I - Both sentences to run concurrently - Accused also directed to pay compensation to the tune of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Substantial period of sentence already undergone by accused - Accused is an old person and suffering from age related ailments and there is no bread earner in the family of accused - He has realized the mistake committed by him and is remorseful of his conduct to society which he..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Indian Penal Code, 1860, Section 376, 308 -- Rape - Injury caused to victim - Accused allegedly stabbed victim in her stomach and PW1 stated that she met her daughter in hospital and her condition was serious - However, medical report does not support it as no stabbed would was found by doctor - Doctor has not indicated any injury on private parts of victim - Medical..........
