Indian Penal Code, 1860, Section 193, 203, 420, 467, 468, 471 -- Offence u/ss 193, 203, 420, 467, 468, 471 IPC - Wrong facts in nomination paper to escape disqualification pertaining to third child cannot be considered so as to constitute offence of cheating - Allegation made in FIR do not disclose any cognizable offence - At the most remedy available to complainant was to..........
Criminal Procedure Code, 1973, Section 228, 161, 164, Indian Penal Code, 1860, Section 363, 366A -- Framing of charges u/ss 363, 366-A IPC - Inconsistent statement u/ss 161 & 164 Cr.P.C. - Statement u/s 161 Cr.P.C. that she voluntarily accompanied accused to his village - However, statement u/s 164 Cr.P.C. that accused gave some intoxicant to her and was taken to his..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 25 -- Dishonour of cheque - Recovery of fine - No provision in N.I.Act which regulates the manner and methodology for recovery of fines, etc. - Going by the mandate of S.25 of General Clauses Act, provisions contained in Ss.63 to 70 IPC, will also regulate matters regarding recovery of fine..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70 -- Dishonour of cheque - Recovery of fine - Maximum sentence that can be imposed for offence u/s 138 of N.I.Act is 2 years - Fine or any part thereof, if remains unpaid may be levied at any point within a period of 6 years after passing of sentence, going by provisions contained in S.70 IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Injury on private part - Examination of witnesses and accused - As per medical report, injury on private part of deceased, cannot be the result of normal intercourse and the same is possible if some foreign blunt object is inserted in vaginal canal - This testifies that cruelty had been meted-out to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Conviction - Appeal against sentence - Accused faced agony of criminal prosecution from last more than 7 years - Sentence of life imprisonment reduced to 12 years and fine...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Framing of charge - Interrogation note of an accused cannot be made a ground for proceeding against co-accused against whom there is no other material evidence...........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Determinative factor while considering aspect of charge u/s 307 IPC is not actual nature of injuries caused to injured but intent and knowledge of accused...........
Indian Penal Code, 1860, Section 307, 323, 34 -- Attempt to murder - FIR lodged after more than 2 months and 18 days of incident - Lame explanation given by complainant that accused threatened to kill him - However, complainant was gaining time to create evidence so as to implicate accused in this patently false case - Plea put forth by complainant in belated FIR and in..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 323 -- Rape - False promise of marriage - Order framing charges - Prosecutrix being already married established sexual relations with accused during subsisting marriage - Apparently claim made by prosecutrix that she was allured by false promise of marriage given by accused is totally baseless, false and fictitious -..........
