Indian Penal Code, 1860, Section 153, 505(1)(b), 505(2) -- Offence u/ss 153, 505(1)(b), 505(2) IPC - Quashing of charge sheet - Alleged speech of petitioner in `You Tube' when heard as a whole does not attract ingredients to prosecute the petitioner - Moreover, members of other community or his own community had no objection or reacted to his speech but it is a member of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Compromise - Cheating - Matter compromised between borrowers and Bank - Loan account of borrower closed upon payment of amount - Possibility of conviction of accused is remote and bleak - Continuation of criminal proceedings would put accused to great oppression..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - As such first part of offence of S.509 IPC is not made out...........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - Even though statement alleged to be spoken by accused persons was not intending to be heard by defacto complainant or seen by her, but to..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused and victim being legally married husband and wife and victim being major, sexual intercourse between two if forcible cannot be considered rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Role played by accused is similar with all other accused and case of accused could not have been segregated to impose death penalty upon him - Case does not fit in the category of `rarest of rare cases' - Death sentence set aside...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor nature of injuries is not sufficient reason to not frame a charge u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Question of intention to kill or knowledge of death in terms of S.307 IPC is a question of fact and not one of law...........
