Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Indian Penal Code, 1860, Section 395, 323, 409 -- Offence u/ss 395, 323, 409 IPC - Reduction of sentence - Occurrence took place in the year 1984 - Accused Nos.2 & 4 has remained in jail for about 10 days and they also suffered mental agony and trauma of protracted trial - They are more than 70 years of age - Though offences against accused are proved, but sentence awarded..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325 -- Probation - Offence u/ss 323, 325 IPC - Respondent has maintained good conduct and does not have criminal antecedents - Opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing nature of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
