Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be evidence to prove that deceased was subjected to mental as well as physical cruelties by demanding dowry...........
Indian Penal Code, 1860, Section 498A -- Cruelty - To attract S.498-A IPC, it must be established that cruelty or harassment to wife was to force her to cause grave bodily injury to herself or to commit suicide or harassment was to compel her to fulfil illegal demand of dowry - Thus, every type of harassment or cruelty would not attract S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Relatives, sister and brother deposed that she used to tell them regarding ill-treatment, physical and mental harassment on the part of accused - However, there is no evidence in the nature as revealed from dying declaration that she was incessantly ill-treated mentally,..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Appreciation of evidence - As per evidence of PW1, there is not even a whisper that accused had ill-treated his wife or was harassing her or treating her within the meaning of S.498-A IPC - Even, nothing was brought out to prove ingredients of S.498-A IPC - There is no evidence to prove that cruelty or mental torture on..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Appreciation of evidence - Oral testimony of PWs stands corroborated by dying declaration made by deceased - Even, defence has not been able to elucidate anything in cross-examination of aforesaid witnesses to discredit testimony to the extent that deceased has not made any..........
Indian Penal Code, 1860, Section 302, 147 -- FIR - Quashing - False implication - FIR cannot be quashed on the basis of defence or possible defence which can only be taken to ascertain the correctness or otherwise of the prosecution version which is yet to come after completion of investigation - Petition dismissed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/s 120-B IPC - It is no part of duty of public servant to enter into criminal conspiracy or criminal misconduct - Sanction for prosecution thus, not necessary to prosecute a public servant for offence u/s 120-B IPC...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - Physical relationship out of love affair between parties, cannot constitute rape, as consent given by prosecutrix was not on account of any promise of marriage made by accused - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent on pretext of marriage - Love affair between parties - Prosecutrix was aged about 25 years on the date of first incident - She stated that she developed physical relations with accused out of deep love - It cannot be said that consent given by prosecutrix was on account of any promise of marriage made by accused -..........
