Indian Penal Code, 1860, Section 420 -- Cheating - Mere inability to return loan amount cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, as it is this mens rea which is the crux of offence...........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Mere breach of a promise, agreement or contract does not ipso facto constitute offence u/s 405 IPC without there being clear case of entrustment...........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Nothing either in complaint or in any material on record to the fact that any property was entrusted to accused at all which he dishonestly converted for his own use so as to satisfy ingredients of S.405 IPC punishable u/s 406 IPC - Magistrate committed serious error in issuing process against accused..........
Indian Penal Code, 1860, Section 397 -- Robbery - Prosecution alleged that accused was holding knife in his hand at the relevant time - Said weapon may be termed as a deadly weapon - But there is no evidence to show that same was used by accused for committing robbery - No injury was caused to anybody by accused - Act of accused would not fall u/s 397 IPC - Accused..........
Indian Penal Code, 1860, Section 397 -- Robbery - S.397 IPC contains principle of individual liability...........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Expression `the offender' used in S.397 IPC pertains to actual offender to accused person who at the time of committing robbery or dacoity uses any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person - But it does not include all such persons who participate in..........
Indian Penal Code, 1860, Section 392, 397, 353, 336, 506(ii), 34 -- Robbery - PW1 stated that he could not visualize as to who was pointing out knife towards him - He could not place any documents to show that chain belongs to him - Prosecution failed to prove charges against accused that he used a deadly weapon during robbery - Accused not guilty of offences in question -..........
Indian Penal Code, 1860, Section 392, 397, 353, 336, 506(ii), 34 -- Robbery - Testimony of official witnesses - Presence of official witnesses not proved at the spot for the simple reason that Note book maintained by police was not filed nor corroborated by independent witnesses - Serious material contradictions found in the evidence of official witnesses - More so, no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354D, 384, 450, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Quashing of proceedings - Compromise - Rape case - Where prosecutrix and accused married each other and both are residing husband and wife, proceedings can be quashed by invoking power u/s 482..........
Indian Penal Code, 1860, Section 302B, 34 -- Dowry Death - Allegation against parents and uncle of husband - Death of deceased by strangulation stands proved and confirmed with post mortem report - However, in absence of any evidence with respect to participation of accused, it would be difficult to sustain their conviction u/ss 304-B, 34 IPC - Conviction and sentence set..........
