Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Representation by accused to the deceived doing fraudulent or dishonest inducement is sine qua non for making out offence u/s 420 IPC - There is no allegation of complainant that any accused has made any representation to him to part with any property - As such, for want of any..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), 3(1)(r) -- Bail - Rape - Victim turned hostile and did not support prosecution case - Appellant has made out a case for bail - Bail granted with conditions...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5 -- Unnatural offence - Juvenile accused - Juvenile delinquent on establishment of his guilt, only be sent to special home - He cannot be remanded to any other correctional facilities - However, since juvenile attained majority, he cannot be sent to special home - Juvenile..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appellant and co-accused pushed deceased as per FIR - However, subsequently complainant attributed role of pushing only to appellant - Such allegations are easy to level so as to knit a wider net to implicate other for offence in question - False implication of appellant cannot be negated - Investigation conducted..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW7 and PW8 - Merely because PW7 and PW8 did not chase the accused or attempt to catch him does not affect prosecution case, as deceased was their real brother, it was but natural for them to be stunned into temporary inaction - Testimony of PW7 and PW8 is reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused ran away from the spot immediately after causing murder - Police failed to apprehend accused and ultimately he was declared P.O. - Accused was arrested after a period of more than 11 years - This long absconding of accused after committing offence goes to show his conduct and points towards his guilt - Conviction..........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Mere refusal to marry would not constitute offence u/s 417 IPC until and unless the requirement u/s 90 IPC is established by prosecution...........
