Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a situation is created deliberately so as to drive a person to commit suicide, there would be room for attracting S.306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely for the reason that senior officer assigned some work to deceased, it cannot be said that there was any guilty mind or criminal intent - Exigencies of work and situation may call for certain action on part of a superior including stopping of salary of a junior officer for a month - That action simplicitor..........
Criminal Procedure Code, 1973, Section 470(2), Indian Penal Code, 1860, Section 500, 501 -- Limitation - Exclusion of time - Period of stay granted by Court is to be excluded from limitation period...........
Indian Penal Code, 1860, Section 500, 501 -- Defamation - Filing of false case - Quashing of proceedings - Prima facie case made out against accused - Truthfulness of allegations cannot be tested in a petition u/s 482 Cr.P.C. and even trial Court cannot embark into an enquiry regarding authenticity of allegation which is the subject matter of trial - Trial Court taking..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred as a result of sudden fight and in heat of passion upon a sudden quarrel - Offence was not pre-mediated - All injuries are ante mortem in nature, fresh prior to death in duration and caused by blunt force - However, cause of death was not on account of infliction of injury by use of..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Mere possession of a counterfeit currency note is not enough to establish guilt, as any individual in usual course of business may come across a fake currency note...........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Currency notes were not of such nature as could be recognised as counterfeit by having a look at them - Prosecution is required to establish circumstances clearly and irresistibly that accused had reason to believe that currency notes in his possession were forged or fake...........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Accused found in possessing of two counterfeit currency notes along with six other genuine currency notes - No inference can be drawn that accused had knowledge or reason to believe that counterfeit currency notes in his possession were fake - Accused deserves benefit of doubt - Conviction and..........
Indian Penal Code, 1860, Section 376 -- Rape of 9 years old girl - Testimony of prosecutrix is corroborated by PWs along with eye witnesses - Minor embellishments in the testimony of PW8, who is a child witness would not discredit her testimony - Medical evidence also supports testimony of prosecutrix - Accused was seeing running from the spot by PW4 and PW5 and their..........
Indian Penal Code, 1860, Section 376 -- Rape of 9 years old girl - Reduction of sentence - Victim ravished and evidenced by abrasions near right and left nipple, abrasions on back, lateral aspect of thigh elbows etc. and shows that she struggled to save herself but accused held his ground - A gun was also recovered pursuant to disclosure statement by accused - PWs and..........
