Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb and mentally challenged victim - Victim and accused seen together by PW2 on date of commission of offence - Victim immediately after occurrence narrated to her mother as to what happened as reflected in FIR and version of PW1 - Evidence of mother of victim shows that it was accused who took away victim - Rape..........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb and mentally challenged victim - Direction for setting up special centres for examination of vulnerable witnesses - Guidelines issued by Delhi High Court in its earlier decision (Sakshi V Union of India...) for recording evidence of vulnerable witnesses in criminal matters and setting up four special centers at..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Special Judge - Order passed by Special Judge while deciding regular criminal appeal in the capacity of a Sessions Judge in a case involving offence under IPC - Cannot be construed to be an order passed under any of provisions of SC/ST Act so as to require filing of an appeal u/s..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation of cheating and criminal breach of trust on the part of parents of appellant - As appellant is not party to the agreement or any transaction between the complainant and other accused, there is no reason as to why he should face criminal trial and that too for the offence u/ss 406, 420 IPC -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Merely because four accused named in FIR allegedly gave threats of killing to deceased, that by itself cannot be considered a ground to hold accused responsible for suicide committed by deceased, particularly, when there is an absolute dearth of evidence which could give rise to even a..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - In order to frame charge u/s 306 IPC, against accused, prosecution has to present unimpeachable and cogent material to satisfy Court that accused concerned, instigated or abetted the victim to such an extent that he was left with no option but to end his life...........
Indian Penal Code, 1860, Section 406, 409, 418, 420 -- Offence u/ss 406, 409, 418, 420 IPC - Business dealings with petitioner not denied by de-facto complainant - De facto complainant permitted accused to investigate their monies in stock market - Issue as to whether accused mismanaged in such investment or not is a triable issue which is subject matter of civil suit..........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 302, 376A -- Minor offence - Minimum punishment prescribed u/s 302 IPC is life imprisonment while minimum punishment prescribed u/s 376-A IPC is imprisonment for 20 years - Offence u/s 300 IPC held, cannot be said to be a minor offence in relation to offence u/s 376-A IPC...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per material on record, it is apparent that alleged place of occurrence and manner of occurrence is doubtful - Even, evidence of all the witnesses are full of contradictions and their credibility has been dented during the course of..........
