Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - S.188 IPC does contemplate an order passed by a civil Court in a suit - Word "promulgated" in S.188 IPC does not refer to an order passed by a public servant during course of proceedings between two parties in a suit - S.188 IPC applies to orders made by public functionaries and for public purposes and not to an..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere allegation of violation of injunction order by petitioner passed against her by civil Court, even if true, does not make out an offence u/s 188 IPC...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - In order to attract offence u/s 447 IPC, property entered into by accused must be in possession of another person...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Possession of petitioner over property in question stood recognized by orders/decrees passed by civil Courts concerned, on the date of commission of offences alleged - In such circumstances, even if allegation against petitioner that she entered into property is accepted as true, it does not make out an offence..........
Indian Penal Code, 1860, Section 427 -- Mischief - If accused was asserting his bona fide claim of right over property, there cannot by an offence of mischief as defined u/s 425 IPC - True test in such case is whether accused acted out of malice or in assertion of bona fide claim of right over property...........
Indian Penal Code, 1860, Section 427 -- Mischief - Right of petitioner and her daughter over property in question, as on date of commission of acts alleged, stood recognized and declared by civil Courts concerned - Therefore, it cannot be found that petitioner had intention to cause wrongful loss or damage to any person by cutting tree in property - Act alleged to have..........
Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Free fight between parties - Deceased sustained injury on his head which was caused by accused `R' - Said injury caused by accused `R' was on vital part of body i.e on head and proved to be fatal - Merely because accused `R' caused the injury on the head by blunt side of Farsa, High..........
