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...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen evidence - Burden of proof - Appellant was last seen dragging deceased to his house - In view of S.106 of Evidence Act, burden is on appellant to prove as to how incident occurred at his residence - However, he has miserably failed to discharge the onus - Conduct of appellant..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning by pouring kerosene oil - Absence of smell of kerosene in the body of deceased - Deceased was immediately brought to hospital barely within a few hours of incident and if kerosene was involved then smell of kerosene ought to have been there - Even doctor who examined deceased immediately after the incident,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declarations - Deceased had given two statements which are totally different from her subsequent statements including statement made before Magistrate which is considered a dying declaration based on which appellant has been convicted - Where deceased has been changing her stance and has..........
Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecution is required to prove through cogent and reliable evidence that victim girl under the age of 18 years was induced to go from one place to another with the intention that such girl may be forced or seduced to have illicit intercourse with another person - However, evidence available on record does..........
Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - None of the witnesses in their evidences has proved that there was a prior agreement meeting of minds amongst the accused for commission of offence as proved - Accused rightly acquitted from the charges u/s 120-B IPC...........
Indian Penal Code, 1860, Section 363 -- Offence u/s 363 IPC - Victim girl was minor below the age of 18 years on the date of occurrence and she was taken away by appellants without consent of her guardian - Consent of victim has no relevance at all in legal perspective - Ingredients of S.363 IPC well proved - Conviction upheld - However, in view of the fact that more than..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
