Indian Penal Code, 1860, Section 302, 120B, 34, 201 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Circumstances of case failed to connect accused `H' with crime - No evidence on record that accused `H' had participated in crime or hatched criminal conspiracy - No evidence on record that accused `H' associated with co-accused..........
Protection of Children from Sexual Offences Act, 2012, Section 16, 6, 10, Indian Penal Code, 1860, Section 506 -- Abetment of offence - Sexual assault on minor by her own grandfather - Petitioner/grandmother of victim was present in house and was made aware by victim that hurt was caused by accused, which statement was neither looked at nor heeded to - Memo of confession..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Loan transaction - Dispute between parties is purely civil in nature regarding recovery of loan amount - Remedy available to complainant is to file money suit in competent civil Court - Moreover, loan given to accused only for a period of 2 years - However, FIR came to be lodged after a period of 3 years from the date..........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 320 -- Cheating - Civil and criminal proceedings - Compounding of offence through compromise arrived at in civil proceedings - Permissibility - When civil liability is compromised and settled with a rider that said civil liability or any proceeding in that regard were settled, it has to be..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 506 IPC - Quashing of proceedings - Petitioner No.1 and 2 both are major and now married each other - FIR quashed...........
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..........
