Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - In exceptional cases, conviction u/s 498-A IPC may still be valid even if there is no separate charge, provided that charge u/s 306 IPC is framed in a manner that comprehensively includes all incriminating acts failing under S.498-A IPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366, 376(2)(n), 344, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Abduction and rape - Prosecutrix and appellant were having a consensual relationship - Prima facie no plausible explanation for lodging FIR after a..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - A-2 and A-3 were present and were accompanying A-1, when A-1 shot the deceased - Accused were known to deceased for quite some time - Since deceased knew three accused persons, it is not possible to accept the contention that deceased may not have recognized them - Moreover, it..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 408, 120B -- Framing of charge - Offence u/ss 408, 120-B IPC - Petitioner in conspiracy with co-accused had embezzled an amount of Rs. 83,84,447 of complainant's company - Although, petitioner was initially found to be innocent by police, however, on allowing an application filed by prosecution..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Reduction of sentence - Incident occurred in 2011 and 13 years have already lapsed - However, there was a loss of one human life - Sentence reduced to 6 months from one year...........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 of N.I Act and prosecution u/s 420 IPC - Both can run simultaneously against accused, as both offences are independent offences...........
