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...........
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 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Human teeth - Not a weapon as described in S.324 IPC...........
Indian Penal Code, 1860, Section 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 324, 323, 504, 506, 34 IPC - Quashing of proceedings - Injured alleged that applicant Nos.1 & 2 both have used teeth as weapon - However, as per ingredients of S.324 IPC, hurt should be by means of any instrument for shooting, stabbing or cutting or any..........
