Indian Penal Code, 1860, Section 498A -- Cruelty - No demand of dowry nor there are allegations of harassment so as to meet a unlawful demand - Case did not and could not fall u/s 498-A IPC - There is no allegation of physical or mental torture after 1998 - Moreover, it is delayed and S.468 Cr.P.C would come into play - Even otherwise, there are general and sweeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67A -- Bail - Rape - Delay in lodging FIR unexplained - No threats ever extended to prosecutrix by accused as contended by prosecutrix - CCTV cameras footage confirm that accused was at his college in Punjab and not present on the spot as alleged..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased suspected her husband to be in extra marital relation which fact she stated to her family members also - However, there is no evidence that in order to seek divorce from deceased there was cruelty to extent she was driven to commit suicide - No proximate live link between cruelty or..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d) -- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior..........
Indian Penal Code, 1860, Section 377, 302 -- Unnatural offence - Murder - Dead body of deceased recovered in half naked condition - Semen detected on underwear of accused - However, no semen detected on anal/rectal swabs of deceased - No injury on private parts of deceased - Commission of sodomy upon deceased not proved - Alleged recovery of blood stained stone and clothes..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep promise subsequently cannot be presumed as act leading to cheat...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Indian Penal Code, 1860, Section 302, 304(Part II), 341, 34 -- Nature of offence - Deceased suffered 20 injuries and no single injury opined to be caused by blunt weapon was fatal - Cause of death is cumulative effect of multiple ante mortem injuries - Accused thus, had knowledge that injuries caused are likely to cause death but they had no intention to cause death or..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused injury to injured by blunt weapon - Statement of injured and injury report reveals that accused not caused any injury with sharp edged weapon - Statement of injured is corroborated by medical evidence as well as statement of other eye-witnesses - Offence u/s 307 IPC is thus, proved against accused -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused remained in custody for a period of 7 years, 7 months and 10 days - No previous conviction is on record - Accused caused only one injury by pipe - It is thus, appropriate that sentence of accused is reduced to period already undergone by him - However, accused directed to deposit..........
