Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Mere refusal to marry would not constitute offence u/s 417 IPC until and unless the requirement u/s 90 IPC is established by prosecution...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27, 9 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - Non-conducting of Test Identification Parade (TIP) - Material omission on part of I.O. in not conducting Test Identification Parade (TIP) of recovered articles, more particularly when case of prosecution is based solely..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - I.O. not deposed exact words as narrated by A-2 and A-3 in their disclosure statements - In fact, he even did not care to exhibit disclosure statements of which he was scribe in his deposition - I.O. also did not depose in..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - If a person insults a religion unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feeling, that will not attract liability u/s 295-A IPC...........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Merely because particular word or post on social media intends to insult a particular political party or a group who are not inextricably associated with any religion or its belief will not attract ingredients of S.295-A IPC, as it does not in any manner affect or outrage the religious feeling or belief of a..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 377 -- Appeal against conviction - Unnatural offences - Sodomy - Forced alcohol consumption by accused to victim - Victim admitted that he used to smoke but not drink - Merely because victim admitted to smoke, would not be a ground that he is of a deviant character - Victim has no..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - High Court clarified that life imprisonment would mean imprisonment of 20 years and accused may be released after completion of imprisonment of 20 years - Trial Court or High Court while sentencing appellant to life imprisonment and putting the cap of 20 years to life imprisonment has not in any way..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Eye witnesses have not supported case of prosecution - Custody of petitioner is more than 3 years - Co-accused has been enlarged on regular bail - No recovery is to be effected from petitioner - Petitioner is not involved in any other case - Conclusion of trial is..........
