Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Mens rea is necessary ingredient of offence u/s 153-A of the Act - It is necessary that at least two groups or communities should be involved - Merely inciting feelings of one community or group without any reference to any other community or group cannot attract provision of S.153-A IPC...........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Comments posted by petitioner in Face book insult members of Islam religion - Petitioner has also made comments derogatory to holiness attributed to Prophet Muhammad - Prima facie these comments attract offence u/s 295-A of the Act. (Para 13 (iii) Indian Penal Code, 1860, S.153-A - Offence u/s 153-A IPC -..........
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..........
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..........
