Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To satisfy the ingredients of "instigation" there must be action or conduct of the instigator which creates circumstances that leaves the deceased with no option except to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Difference of opinion and thought process between husband and wife made wife unhappy - Wife was unhappy at donning role of a home maker, whereas she preferred to become successful in life - Such circumstances do not constitute an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Appellant did not instigate the deceased to commit suicide; nor he created any such circumstances that the deceased was left with no other option except to commit suicide - On the contrary, it appears that the deceased was not happy with her life, as enumerated by her in the suicide note - In the suicide note,..........
Indian Penal Code, 1860, Section 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape of minor girl by juvenile - Sole testimony of prosecutrix - Testimonies of parents of prosecutrix are hearsay - Contradictory statement was given by prosecutrix - Medical evidence also belies the story propounded by PWs, as marks of resistance..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 166A, 167 -- Sanction for prosecution - Offence u/ss 166, 166-A, 167 IPC - Nature of offending acts of petitioner itself makes it obligatory that before seeking prosecution of public servant charged with such offences, prosecution must invariably seek sanction to prosecute such public servant..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that husband was addicted to gambling, did not give money to wife, left home and took daughter away - Do not fall within frame work of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - It is not every kind of cruelty which attracts S.498-A IPC - Harassment must be to compel the wife to fulfill illegal demands...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No demand of dowry nor there are allegations of harassment so as to meet a unlawful demand - Case did not and could not fall u/s 498-A IPC - There is no allegation of physical or mental torture after 1998 - Moreover, it is delayed and S.468 Cr.P.C would come into play - Even otherwise, there are general and sweeping..........
Criminal Procedure Code, 1973, Section 195(1)(b) -- False charge of offence u/s 211 IPC levelled before a public servant - Restriction contained in S.195(1)(b) Cr.P.C. has no application whatsoever...........
