Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Specific allegations not levelled against petitioner - Omnibus allegations have been levelled against petitioner that he alongwith others demanded money - Apparently, he was of age of approximately 19 years and a student of College at the time when FIR was registered - Allegations pertain to even earlier while..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Earning women - Expecting educated and earning woman to contribute towards household expenses, making online purchases, or being asked by mother-in-law to feed child does not amounts to cruelty u/S. 498-A IPC...........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Blows delivered on head of deceased though with knowledge that it is likely to cause death, accused cannot be imputed with an intention to cause death or to cause a bodily injury likely to cause death - Bamboo lathi though seized, there is no reference to any blood stains having been found on..........
Indian Penal Code, 1860, Section 498A -- Demand for dowry in any form is itself sufficient for S.498-A IPC being attracted...........
