Indian Penal Code, 1860, Section 120B, 124A, 153A, 153B, 505(1)(b), 505(1)(C), 505(2), Unlawful Activities (Prevention) Act, 1967, Section 13(1)(b) -- Framing of charge - Discharge of accused - As regards Section 227 of Cr.P.C, which is captioned `Discharge', a trial Court while entering upon a legal drill of examining a discharge plea should go by the record of the case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
