Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused found his wife in a compromising position with deceased, lost his cool and assaulted him - Offence occurred due to grave and sudden provocation - It cannot be said that accused had intention to murder deceased - Offence thus, would not fall u/s 300 Explanation 1 IPC - Accused held, guilty of..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Recovery of huge currency notes from possession of accused - This in itself establishes ingredients of offence u/ss 489B/489-C IPC...........
Indian Penal Code, 1860, Section 489B, 489C, Evidence Act, 1872, Section 106 -- Counterfeit currency notes - Recovery of huge currency notes from possession of accused - It is duty of accused u/s 106 of Evidence Act to disclose as to how he got the currency notes - However, accused failed to explain the same - Ingredients of S.489-C proved on record - No leniency can be..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - (i) Theory of last seen evidence not proved; (ii) Motive of crime also not proved against accused; (iii) Mere signs of struggle found at the place of incident by itself does not lead to any proof against accused because there is no direct evidence; (iv) Recovery of blood stained kulhari and blood..........
Indian Penal Code, 1860, Section 363, 366, 376, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix was above 18 years of age at the time of incident - She herself admitted that letter on record was in her handwriting, disclosing her plan to accused as to how she would leave her house and join him..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Complaint to police as a consequence thereof police questioned the applicant - This act does not fall within the ambit of S.500 IPC - Applicant not able to establish as to in what manner, filing of complaint by respondent has harmed his reputation - No case of defamation made out - Complaint rightly dismissed...........
Indian Penal Code, 1860, Section 368, Immoral Traffic (Prevention) Act, 1956, Section 5, 6 -- Wrongful confinement for immoral activity - Prosecutrix was recovered from kotha - Accused convicted primarily based upon testimony of prosecutrix - However, prosecutrix did not name accused to be individual who had pushed her into prostitution in her initial statement and no..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Release of seized vehicle - Cheating - Petitioner actual owner of vehicle - Vehicle was seized from possession of petitioner and he never sold the vehicle to respondent no.2 - FIR levelling accusation of cheating does also have an assertion to that effect that said vehicle..........
Indian Penal Code, 1860, Section 354, 509, Criminal Procedure Code, 1973, Section 482 -- Sexual harassment at work place - While quashing FIR concerned department was impressed upon to close the departmental proceedings - Petitioner suppressed the material facts from Court - Order recalled - Concerned department, held, at liberty to proceed in accordance with law...........
