Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forgery - Interpolation of cheque - Scribe i.e payer/complainant made slip of pen in between words of amount written on cheque - He appended his signatures to ratify cutting and validated the cheque - Bank did not dishonor the cheque on ground that rectification/alteration amounts to mutilation - Trial..........
Indian Penal Code, 1860, Section 504 -- Cognizance of offence u/s 504 - Legality of order - No allegation of complainant regarding petitioner abusing him with intention of provoking breach of peace - Rather statement of complainant only indicates that petitioner continued to slap him for 15 minutes - No offence u/s 504 IPC held to be made out - Impugned order of taking..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/s 3(1)(x) of the Act - Two persons came out of house and physically assaulted victim and one of whom used word indicating caste - Informant was not sure as to who uttered word in question - Circumstances as detailed by..........
Indian Penal Code, 1860, Section 376 -- Rape by maternal uncle - Age of prosecutrix - Prosecutrix admitted her age as 18-1/2 years on the date of incident - Date of birth register or school register or any medical expert's opinion not obtained in the case regarding age of prosecutrix - When prosecutrix is relying on documents which shows her age as 18-1/2 years, same is..........
Indian Penal Code, 1860, Section 376, 90 -- Rape by maternal uncle - Promise of marriage - Consent under misconception of fact - Prosecutrix stated that after first physical relation accused made promise to marry her - First relation therefore made without such promise - It is clear that report is not lodged after first physical relation that shows her consent before any..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 Part II IPC - Allegation that accused used some threatening words - Mere using of some words are not sufficient because in words there is fury, but there is no substance which creates any material - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Independent witnesses seen deceased in the company of accused before incident - Statements of independent witnesses duly corroborated by medical evidence as well as forensic reports -..........
Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Death penalty - Rarest of rare case - Accused taken advantage of young age of deceased and committed rape upon her causing her death - Deceased as a result of rape undergone acute pain and..........
Indian Penal Code, 1860, Section 96 -- Private defence - There was right of private defence because complainant party illegally entered into land of accused in dark night with a habitual offender - Due to free fight occurrence took place and in the said incident gun shot were made by both the parties which is evident from the site plan and due to gun shot by both the..........
