Indian Penal Code, 1860, Section 376 -- Rape - Absence of injury on the body of victim - Cannot lead to conclusion that she had given her consent and indicates that she did not put up resistance...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of victim - A victim, who is admittedly a minor and if medical tests are conducted for determination of age, and assuming that such medical determination supports the claim of minor victim, the principle of +2 and -2 cannot and ought not to be mechanically applied to deprive the minor victim of the protection available to..........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age - Appeal against acquittal - Medical evidence shows the age of the victim is about 14 years - If principle of +2 and -2 years is applied, then the victim could be either 12 years or 16 years - Hence, victim was less than 16 years of age on the date of incident, and therefore, a minor - Order of acquittal..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Rape - Consent - Presumption - Victim categorically denied consent for sexual intercourse - Provisions of S.114-A Evidence Act stands applicable...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - It is not only essential to show that victim was subjected to cruelty or harassment by her husband or his relatives, but further that such cruelty or harassment was for or in connection with any demand for dowry and also that same occurred soon before her death - Emphasis..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There is presumption of dowry death u/ss 498-A and 304-B if : (a) Death takes place within seven years of marriage; (b) Death is unnatural; (c) The death is coupled with cruelty or harassment by the husband or any member of the husband's family in connection with a demand for dowry; (d) there has to be cruelty..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Deceased was first strangulated and then her dead body was set to fire, thus, theory of accident as propounded by accused is totally ruled out - Prosecution failed to lead even a shred of evidence so as to establish that accused was present in the..........
Criminal Procedure Code, 1973, Section 216, 323 -- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly committed to Sessions Court...........
Indian Penal Code, 1860, Section 302, 34, 304 - - Nature of offence - Murder - Sudden fight - Allegedly, elder brother of complainant was preventing accused from hurling abuses on one `A' and when deceased tried to intervene in the matter accused killed the deceased - This shows that there was no intention of accused to kill the deceased - Moreover, though accused has..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - From FIR and statements of witnesses an offence u/s 304(Part II) IPC having been made out, investigating agency was required to file charge sheet within 60 days - Charged sheet not filed within 60 days - Petitioner having exercised his right to default bail by an oral prayer, he is entitled to default bail...........
