Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Accused called victim to her house on the date of incident and thereafter, he was restrained by all petitioners and assaulted him with fists and blows causing simple injury on his person - All petitioners held, guilty for restraining way of victim and voluntarily causing simple hurt to victim..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Reduction of sentence - Incident occurred in 2004 and 20 years have elapsed since date of incident - Memories of incident would have become stale - Considering socio-economic background of parties, reduction in sentence of fine from Rs.2000 each to Rs.500 each for the offence u/ss 323, 342, 34..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Modification of sentence - There were no material contradictions or omissions in evidence of witnesses to disbelieve version of prosecution - However, offence occurred in 2006 and nearly 18 years have elapsed - Sentence of S.I. of 3 months modified to period already undergone by petitioner while enhancing..........
Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Indian Penal Code, 1860, Section 392 -- Robbery - Mere proof of robbery is not sufficient to hold that accused persons who were put to trial were the ones who committed offence...........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Once the manner in which accused were stated to have been arrested is doubtful, alleged recovery of screw driver, knives and country made pistol made at the time of arrest is rendered unacceptable - Moreover, weapons /articles allegedly..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Dock identification by eye witnesses - No test identification parade was conducted and statement of PW1 was recorded in Court after 16 months of incident - In such circumstances, not much reliance can be placed on statement of PW1 - However,..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 506, 114, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - A-1 was not present at the scene of offence when incident occurred - DWs who are colleagues of A-1 supported him and categorically stated that A-1 was with them at his office on the date of incident - Demand of dowry was made by in-laws and not..........
