Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Basic ingredient of S.304(Part II) IPC is presence of knowledge and absence of intention...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Two deceased employees of appellant No.1 while working on sign board were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was purely accidental - No prima facie case can be said to be made out against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Bail - Cheating - Allegation that respondents/accused persons for their own benefit tried to compromise the sanctity of competitive examination - Let the accused persons stand trial and let it be established by process of law that accused have indeed not committed any crime..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482, 306(5) -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Committal of case to Session Court - CJM tendered pardon to accused 7 and 8, and the same was accepted by them - Sec.306(5) Cr.P.C specifically provides where person accepts tender of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Clerical error in name of Court in summons - Petitioner alleged that summons were received from Special Court for CBI cases, but trial is conducted by Additional Session Court - However,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Two charge sheets submitted by investigation agency - However, as per record CBI initially submitted charge sheet before Special Court, which returned the same, and CBI later submitted final..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Petitioner contended he was discharging duty as valuer of property involved in transaction - However, prosecution made specific allegations pointing involvement of petitioner and other accused..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - Offence u/s 498-A IPC is not a lesser offence in relation to S.306 - Unless specific acts constituting both abetment and cruelty explicitly set out in the charge u/s 306 IPC, a conviction u/s 498-A IPC cannot be sustained in the absence..........
