Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Indian Penal Code, 1860, Section 365, 395, 34 -- Offence u/ss 365, 395, 34 IPC - Incident took place in the year 2017 - Nine years have elapsed - A3 and A5 were aged about 21 years and 24 years, respectively, when incident took place - No materials on record to show as to what was the result of case against remaining accused persons - A3 and A5 have no criminal antecedents..........
Indian Penal Code, 1860, Section 302 -- Murder - Number of injuries is not determining factor for ascertaining intention...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred over a very trivial issue of filling of water from hand pump and getting hand pump muddy - There was no premeditation and act was done in a heat of passion - None of PWs in their deposition have stated that appellant after injured had fallen down had inflicted any further injury when..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused is important for constituting offence u/s 306 IPC and not what is felt by deceased...........
Indian Penal Code, 1860, Section 306, 204 -- Abetment of suicide - Words "go away and die" made by accused in midst of wordy quarrel between accused and deceased in heat of passion without having any intention to instigate deceased to commit suicide, do not constitute offence u/s 306 IPC - Offence u/s 204 IPC also not attracted...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere expression of words without any intention to cause alarm cannot amount to criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere presence of a lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Vague allegations unsupported by prima facie cogent evidence cannot constitute offence indicated u/s 506 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
