Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Comments made by petitioner in Face book were only with regard to one religion or community - Mere fact that petitioner is a Hindu is not sufficient to attract offence punishable u/s 153-A of the Act, when comments made by him refer only to one religion or community - Prima facie offence u/s 153-A of the Act,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 153A -- Anticipatory bail - Comments posted on face book to insult members of Islam religion - Prima facie comments made by petitioner on prophet are not statements made unwittingly or carelessly - Tone and tenor of comments indicate that they were made by him with deliberate and malicious..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial -..........
Indian Penal Code, 1860, Section 376D, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Victim was dragged inside the room and on the point of pistol she was subjugated and coerced and then rape was committed consecutively by accused persons - In such a state of horror to which victim was subjected there should hardly be any expectation that she would..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - No injury on person of prosecutrix - Chances of absence of injury marks on person of prosecutrix as prosecutrix examined after 18 days of incident - Cannot give any benefit to accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - Minor discrepancies in the statement - Cannot be made a ground for allowing appeal against conviction in view of specific statement of prosecutrix with regard to commission of rape...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Amorous relationship between deceased and her cousin is evident from the depositions of PW1, PW2 and PW4 - Deceased was married to accused and soon after marriage she was gifted with a son - Accused after marriage started accusing deceased of immoral character and on being physically assaulted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Only one single injury on head of deceased proved fatal and led to unfortunate death of deceased - It appears that injury was caused in sudden fight at spur of moment and accused did not take undue advantage - Held, offence committed is punishable u/s 304 Part-I and not u/s 302 of IPC - Appeal partly, allowed...........
