Indian Penal Code, 1860, Section 500 -- Defamation - Legal notice - It was stated that complainant prepared the forged documents and are trying to grab the whole property - In the last para it was mentioned that if accused is not given his one third share, he will institute court proceedings - Accused being successor has every right to defend the Will - Act of accused does..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Indian Penal Code, 1860, Section 302, 201, 511, 120B, 34 -- Murder - CCTV footage - Merely because accused seen going in and out of place where body of deceased was found, does not ipso facto point to their involvement in crime - This evidence is not sufficient to overturn the finding of acquittal because it does not conclusively establish that accused were involved in the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Determination of age of prosecutrix - Primary evidence on record shows date of birth of prosecutrix is 24.6.1998 - Prosecutrix was exploited somewhere in Nov/Dec 2013 - She at that time was therefore 15 years and 7-8 months..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Hostile statement of prosecutrix - Prosecutrix and her mother turned hostile, as accused is their close relative - However, prosecutrix admitted her signature on identification memo and also her statement recorded u/s 164..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
