Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Allegation that accused a practicing lawyer made some statement against particular group of lawyers who were agitating and protecting against media - However, accused in his speech referring lawyers as general class and not representing a collection or general class of lawyers - Moreover, when..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - Abrasion mark on anus of victim may be a proof of he being sexually abused but it is not sufficient to involve accused for said offence, as victim himself stated that accused did not sexually abuse him on date of incident - Accused acquitted...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - 12 years old boy sexually abused by accused - PW1/informant is not an eye witness and whatever is written in FIR was based on information so received from PW2/victim and PW3 - Victim and PW3 both turned hostile and they have not supported..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Deceased was suffering from mental illness or disease - Burden of proving close link in proximity of time between abetment and suicide, heavily lies on prosecution...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There is no principle of law that wherever wife commits suicide, the husband will bear the responsibility and will be held liable - No doubt that in such cases, if prosecution discharges its initial burden of proof of guilt and has proved the relationship between abetment by husband and suicide by wife, accused..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Mental illness of deceased is admitted much earlier in time before date of death - Husband of deceased is habitual drunkard since marriage and in habit of causing harassment in drunken state and both have passed more than 15 years of marriage as such giving birth to four children, general..........
Indian Penal Code, 1860, Section 304A, Constitution of India, 1950, Article 21 -- Death by negligence - Medical negligence - Before surgery neither any consent was obtained from the patient nor there is any material on record to suggest that she was personally ever made aware about fatal consequences - Although, petitioner has tried to justify factum of consent while..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499 -- Quashing of complaint and summoning order - Offence u/s 499 IPC - Trial Court initially proceeded with a case presuming the same to be a warrants case - However, once said error came to notice of the Court, it has rectified the same by passing order and by ordering that notice of accusation..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Non-association of independent witnesses - Version put forth by interested/official witnesses cannot be brushed aside merely on account of no, association of independent witness...........
