Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Allegation that two grown up persons had forcibly taken away a 19 years old girl and both of them committed rape upon her - However, medical evidence failed to support prosecution case though she was examined on the very next day of occurrence - Victim never stated in her evidence as to who amongst appellants had first..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - In order to bring a case within the purview of S.295-A IPC manner of publication is to be seen - Words published must be such as are bound to be regarded by any reasonable man to be offensive and provocative and made with intent to maliciously and deliberately outraging feelings of any class of citizens of..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Petitioner is a religious preacher and discourse by petitioner clearly appears to have been made with an intention to encourage his disciples to take the name of God - No mala fide can be attributed to petitioner and utterances attributed to him cannot be said to have been made with deliberate and malicious..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand for return of money cannot by itself be construed as an act to be done with intention to instigate or provoke commission of suicide, as mere demand of money does not ordinarily drive a person to take such an extreme step...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of petitioner demanding money back or keeping motorcycle of deceased with him cannot be said as an overt act in the nature which led deceased with no option but to commit suicide - Order framing charge set aside...........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Indian Penal Code, 1860, Section 391, 399 -- Offence u/ss 391, 399 IPC - Numerical requirement of five or more persons is a mandatory and indispensable ingredient of offence u/ss 391, 399 IPC...........
Indian Penal Code, 1860, Section 399 -- Preparation of dacoity - A-1 alongwith two other accused named in charge sheet were found travelling with material articles by itself is not a ground to hold that they were making preparations to commit dacoity as alleged by prosecution - No evidence on record to show that petitioner/A-1 made preparations for committing dacoity -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage between accused and defacto complainant was annulled by a competent Court - There was thus, no valid marriage between parties - Offence u/s 498-A IPC will not lie against petitioners - Proceedings qua petitioner quashed...........
