Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution failed to make out a case of continuous demand of dowry and torture for non-fulfillment of same - Charge u/s 498-A IPC not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Indian Penal Code, 1860, Section 324, 323 -- Offence u/ss 324, 323 IPC - PW1 deposed about injuries caused by appellants and same is corroborated by evidence of PW2, PW3 and PW4 - PW4 specifically deposed about assault made by A-1 on PW1 with an aruval on his head and left hand - Injuries were also caused to PW1 by A-2 with a stick - Evidence of PW4 is cogent and also..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Indian Penal Code, 1860, Section 294(b), 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 294(b), 323 IPC and S.3(2)(va) of SC/ST Act - No material to prove that appellant after knowing community of PW1, committed the offence punishable u/s 294(b) IPC - Offence u/ss 323 IPC, 3(2)(va) of SC/ST Act, not..........
