Indian Penal Code, 1860, Section 376(2)(i), 452 -- Rape of mentally challenged girl - Evidence of prosecutrix kept out of consideration being unreliable, as she is unable to speak and understand questions put by public prosecutor - As regarding evidence of mother of prosecutrix, same is heresay and not corroborated by other evidence - Medical and forsenic evidence on..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - S.304-A IPC deals with homicidal death caused by a rash and negligent act - It does not create a new offence - It is directed against offences outside range of Ss.299, 300 IPC and covers those cases where death is caused without `intention' and `knowledge'- It applies to acts which are rash or negligent and..........
Indian Penal Code, 1860, Section 304A -- `Negligence' - Not defined in IPC - However, negligence is omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate conduct of human affairs would do, or doing something which a reasonable and prudent man would not do...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Mere negligence or rashness is not enough to bring a case within ambit of S.304-A IPC - Negligence and rashness proved by evidence must be such as should necessarily carry with it a criminal liability...........
Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Indian Penal Code, 1860, Section 302 -- Murder - Use of weapon such as knife, not a decisive factor to attract S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Number of wounds caused is not by itself a decisive factor to attract S.302 IPC...........
