Indian Penal Code, 1860, Section 376, 354D -- Rape of married woman - Testimony of prosecutrix - Prosecutrix made several allegations against accused which were not made in her initial complaint - Significant improvements were apparent in statement of prosecutrix recorded u/s 164 Cr.P.C - Mobile phone of accused was seized and examined and it did not reveal any offending..........
Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against conviction acquittal - Appreciation of evidence - Accused `P' and deceased `D' consumed liquor and they were heading towards their village - Thereafter accused `P' peeped in house of one `DS' and saw deceased `D' was in compromising position with his mother-in-law `L' - Out..........
Indian Penal Code, 1860, Section 420, 418, 419, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Dispute in question is of civil nature - Civil suit is pending consideration - When very same issue is seized up before civil Court, complainant cannot pursue criminal proceedings against accused for alleged offence - More so,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - If obscene words are uttered or used by accused even in a private place but which is located in close vicinity of a public place, in a manner audible to other persons and to annoyance of other persons, would attract offence punishable u/s 294(b) IPC...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Motive for committing offence forms central theme and unless and until motive is proved specifically, prosecution shall not be able to bring home charge framed against accused - In the instant case, motive of crime not proved - Trial Court recorded specific finding on point..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix and her mother not supported prosecution case - FIR lodged after 6 months of incident - Prosecutrix stated that she filed the complaint at the instance of her brother and sister - Doctor stated that prosecutrix has given history of rape being committed on her before 5 to 6 months, but she..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 295A, 296, 323, 336 -- Quashing of FIR - Offence u/ss 295-A, 296, 323, 336 IPC - Stones, chili powder and dirty water thrown on a procession of persons of Muslim community - No evidence regarding involvement of petitioner in commission of crime available on record because petitioner is not named..........
Indian Penal Code, 1860, Section 458, 323 -- Offence u/ss 458, 323 IPC - Compromise - Accused and complainant settled their disputes - Offence u/s 323 IPC is compoundable, however, offence u/s 458 IPC for which accused is charged is not compoundable even with permission of Court - Since offence u/s 458 IPC does not prescribe any minimum punishment, there is no restriction..........
