Indian Penal Code, 1860, Section 304B, 498A, 315, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Death by hanging - Demand of dowry - Deceased died within 3 years and 8 months of her marriage in unnatural circumstance - Ante mortem injuries correspond to averment of causing murder by hanging - Deceased was subjected to cruelty and harassment and was even..........
Indian Penal Code, 1860, Section 304B, 498A, 315, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Death by hanging - Quantum of sentence - Keeping in view the fact that accused is young and poor man and even he is incarcerating in jail since 2005, minimum sentence provided for offence u/s 304-B IPC would meet the ends of justice - Sentence u/s 304-B IPC modified to..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Relevancy of Privar register - PW7 stated that date of birth of prosecutrix was registered on the basis of information of PW4 - However, PW4 has not made any averment with respect to age of prosecutrix that she has got entry made in..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Attendance register - Prosecution placed reliance upon attendance register to show that prosecutrix had not attended school on the date of occurrence - However, presence of prosecutrix has been changed to absence on that day to show that prosecutrix did not..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused allegedly came to the house of prosecutrix gagged her mouth and took her to bathroom and committed sexual intercourse - On seeing this by PW5, father of prosecutrix, accused quarreled with PW5 - However, prosecutrix stated that PW5 came to the spot..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Uphaar Cinema fire tragedy - Root cause of fire was 1000 KVA transformer installed within the Cinema premises - Fire caught the cinema building and due to inhalation of toxic gases most of spectators who had occupied the balcony seats collapsed as there is only one exit of balcony portion of cinema and the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 439, 173(5) -- Bail - In the instant case, charges framed against accused without having chemical examiner`s report - In absence of such report under NDPS Act, it cannot be said as to whether substance recovered from accused was narcotic or not - Moreover, in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Cheque amount paid by accused to complainant and compromise arrived at between parties which is voluntary and without any pressure or coercion - Complainant has no objection if matter is compounded and impugned judgment of conviction and sentence..........
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased died due to homicidal injuries caused by accused persons - Evidence on record that act committed by accused was without intention of murder, without use of any formal weapon and without any pre-planning - Accused willfully caused injuries to deceased without properly knowing as to whether they may..........
