Indian Penal Code, 1860, Section 420 -- Cheating Essential ingredients to attract S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security; and (iii) mens rea of accused at the time of making inducement...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 306, 201, 34 -- Anticipatory bail - Cheating - Abetment of suicide - Suicide note - Prima facie materials so collected by prosecution are not sufficient to show that petitioners instigated or intentionally aided deceased to commit suicide - It is not imperative for an effective..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Death by burning - Deceased described the incident in both the dying declarations and declared the name of accused to be culprit in clear and categorical terms - Both the dying declarations are consistent and in clear terms points to guilt of accused allegedly recorded..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Motive and reason for eye witnesses and others for going to tube-well of deceased in the afternoon at peak of heat is doubtful - Conduct of eye witnesses that they did not raise a finger to save deceased at the time of assault which they allegedly witnessed also casts shadow of doubt on prosecution story - Contradiction..........
Indian Penal Code, 1860, Section 295A -- Deliberate and malicious acts intended to outrage religious feelings of any class - Issue of hurting feelings of any person or community either religious or communal would arise when, offending depiction is published or brought in public domain...........
Indian Penal Code, 1860, Section 153A -- Promoting enmity between different groups - Applicability of S.153-A - Where by offending acts or words, writings, signs, representations or otherwise, offender attempted or endeavored to promote enmity between different groups on ground of religion, race, place of birth, residence, language, etc. and for having performed such acts..........
Indian Penal Code, 1860, Section 153A, 153B, 295A -- FIR against production of film Padmavat - Allegation of twisting and distorting historical facts and events and thereby hurting the feelings of a section of society - Admittedly, allegations set out in FIR lodged well before the movie in question was released in theaters - Censor Board issued certificate of exhibition of..........
Indian Penal Code, 1860, Section 363, 511 -- Kidnapping - Removing own minor child from shoulder of wife - Does not amount to either removing minor out of custody of lawful guardian or one of kidnapping - Offence u/ss 363, 511 IPC not made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 448 -- House trespass - Court hall does not fall within definition of house as defined under IPC, as Court hall is a public place and entry to that hall cannot be said to be trespass - No offence u/s 448 IPC held, made out against accused...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - False case slapped against accused by police personnel's in collusion with each other - Lots of doubts are created regarding authenticity of claim of police/prosecution because of inconsistent description of PWs when applied to and compared with prevailing facts and circumstances of..........
