Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix was minor on the date of commission of offence - Her consent therefore, not relevant - Delay in lodging FIR also not relevant, as at the time of commission of offence, parents of prosecutrix were not at home and she was all alone in the house - Incident was witnessed by PW11, who is cousin brother of..........
Indian Penal Code, 1860, Section 323, 452, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/ss 323, 452, 506, 34 IPC and S.3(1)(xi) of SC/ST - It is not proved on record that accused persons used derogatory words against prosecutrix with intention to defame and insult her - It is also not proved on record..........
Indian Penal Code, 1860, Section 323, 324, 325, 148, 149 -- Offence u/ss 323, 324, 325, 148, 149 IPC - Accused convicted by trial Court on the basis that it is a case of free fight - Court has to record reasons as to how presence of accused is established by some cogent material and evidence - Trial Court not scrutinizing evidence about participation and presence of all..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - Accused acquitted as chain of circumstances not proved against accused viz: (i) motive of crime not proved on record; (ii) last seen evidence also not proved against accused; (iii) mere fact that wrapper of gutka as purchased by accused was found near dead body of deceased cannot be taken as a..........
Indian Penal Code, 1860, Section 499 -- Defamation - Essence of publication in the context of S.499 IPC is communication of defamatory imputation to persons other than persons against whom imputation is made...........
Indian Penal Code, 1860, Section 502 -- Defamation - To constitute an offence u/s 502 IPC, it must be established that accused is not only the owner of newspaper but also sold or offered the newspaper for sale...........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Publication of news item - If content of any news item carried in a newspaper is defamatory as defined u/s 499 IPC, mere printing of such material `knowing or having good reason to believe that such matter is defamatory' itself constitutes a distinct offence u/s 501 IPC...........
Indian Penal Code, 1860, Section 501, 502 -- Defamation - Publication of news item - Acts of printing or selling or offering to sell need not only be physical acts but include the legal right to sell i.e to transfer the title in goods/the newspaper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502 -- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Regular bail - There is direct evidence about involvement of accused in crime as PWs in their statements u/s 161, 164 Cr.P.C. have named the..........
