Indian Penal Code, 1860, Section 498A, 506, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Friend of husband cannot be in any way covered within the phrase of relative of husband - Moreover, there is no allegation of any harassment about demand of dowry on the part of appellant - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Permission not obtained from any organization to put up a poster - It is an illegal act - Removal of an illegal poster is not an illegal act, the main ingredient of S.153 of the Code, though ideally petitioner ought to have approached the law enforcement agencies, instead of tearing it by himself...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Sentence - Accused was arrested on 10.5.2024 and by now he has been in custody for about 117 days - Sentence of accused modified to period already undergone by him - However, considering the fact that accused is a poor person and is now aged about 69 years having several medical issues,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
Indian Penal Code, 1860, Section 306, 511, 109, 120B, 149 -- Abetment of suicide - Wife attempted suicide - Death by suicide is necessary ingredient to invoke S.306 IPC - Further, S.511 IPC can only be invoked if principal offence is concluded to have been committed - Since wife survived suicidal attempt, threshold of S.306 IPC not breached - Accused discharged...........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape full penetration is not at all necessary...........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Victim in clear words disclosed that accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad - Mere fact that victim went inside the room along with accused, same cannot by any stretch of imagination be considered as her consent for sexual intercourse..........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Making of a false document is a sine qua non for constituting offences in question...........
