Indian Penal Code, 1860, Section 304B -- Dowry death - Merely because deceased committed suicide in her parental home and not in her matrimonial home, cannot be said that it is not a case of dowry death - Place where a tormented lady gets compelled to kill herself has no bearing - For the purpose of S.304-B IPC, it is the existence and continuance of matrimony which has to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression "soon before her death", as used in S.304-B IPC has to read as an expression of continuity of time and not an expression of mere length of time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 306, 498A, 34 -- Bail - Dowry death - Accused and his family members started harassing deceased over dowry on the very next day of marriage by stating that deposit of Rs.7,00,000 brought by her from her parental home would fetch only a small car - Though deceased shifted to her parental..........
Indian Penal Code, 1860, Section 497 -- Adultery - Aggrieved party i.e. husband of prosecutrix has not made complaint of adultery before Court - Ingredients of S.497 IPC thus, not made out against appellant - Appellant acquitted...........
Indian Penal Code, 1860, Section 497, 376 -- Adultery and rape - Distinction: (i) Adultery can be committed only with a married woman, whose husband is alive, whereas rape can be committed on any woman married or unmarried, whose husband is alive or dead or a divorced woman; (ii) In adultery, woman is willing and consenting partner but in rape sexual intercourse is..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - False promise of marriage - Physical relationship between appellant and prosecutrix was consensual from the very beginning and cannot be said to be against will or without consent of prosecutrix - Even if case of prosecutrix is accepted, there is no material on record to show..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - No material on record that there was any threat of injury or reputation to complainant - Bare allegation that appellant had threatened complainant or her son cannot pass the muster of an offence of criminal intimidation u/s 506 IPC...........
Indian Penal Code, 1860, Section 376(2)(f), 417 -- Rape - False pretext of marriage - Complainant from day one had knowledge and was conscious of fact that appellant was in a subsisting marriage though separated - It is upon having an active understanding of circumstances, actions and consequences of acts, that complainant made a reasoned choice to sustain a relationship..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - No material on record that there was any threat of injury or reputation to complainant - Bare allegation that appellant had threatened complainant or her son cannot pass the muster of an offence of criminal intimidation u/s 506 IPC...........
