Indian Penal Code, 1860, Section 465, 468, 471, 482, 34 -- Forgery - Accused by portraying himself as spiritual head by a section of community and by making a statement which was apparently incorrect, cannot be held responsible for having committed offence of forgery - If there was an injunction restraining accused from acting said spiritual head, party aggrieved can..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix found habitual of sexual intercourse in report of scientific analysis - No evidence of sexual intercourse was found - She went underground and her cell phone is now switched off - Investigation reveals that petitioner informed his family members qua his..........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - Failure of police to recover dead body is not much of consequence in the absence of any explanation by accused both with regard to victim last being seen with him coupled with recovery from his house of belongings of deceased - Accused rightly convicted...........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - PW5, liquor shop owner deposed that on the day of incident itself accused and co-accused had come to his shop to purchase liquor - Accused introduced co-accused as his relative and they accompanied by a boy aged about 5-6 years - They consumed liquor at shop of PW5 for about 2 hours and..........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - Last seen evidence - PW8 deposed that accused had come to his hotel with a child aged 5-6 years and requested for food to be served - PW9 also deposed having seen accused with child - Subsequently in the evening when he saw photograph of missing of child on television, he was able to..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Conviction - Compromise during pendency of appeal - Permission cannot be granted to record compromise - However, compromise is a relevant circumstance while considering quantum of sentence - Seventeen months of imprisonment undergone out of five years imprisonment - Sentence reduced to already undergone -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC, prosecution has to prove that : (i) deceased committed suicide; (ii) accused instigated or abetted for committing suicide; and (iii) Mens-Rea of accused...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - It involves a mental process of instigating a person or intentionally aiding person in committing suicide - Without a positive act on part of accused to instigate or aid in committing suicide, conviction cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC there has to be a clear mens-rea to commit the offence - It also requires an active act or a direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide - No straight..........
