Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecutrix herself had clearly indicated that she was not forcibly taken away by appellant - Ingredients for sustaining a charge u/s 366-A IPC of abduction with intent to illicit intercourse of prosecutrix is thus, totally absent - Conviction u/s 366-A IPC set aside..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Age of prosecutrix as per opinion of doctor ranged between 16-18 years and in the absence of any contrary evidence, possibility of prosecutrix being of 18 years cannot be entirely ruled out - Witness to prove the charge of kidnapping was withheld by prosecution - Evidence of prosecutrix does not at all support the case..........
Indian Penal Code, 1860, Section 468, 120B, 271, 465 -- Offence u/ss 468, 120-B, 271, 465 IPC - Appellant being a Development Officer of LIC was found guilty of being instrumental together with a co-convict, in obtaining settlement of two insurance claims by projecting the insured as dead although he was, in fact, alive - Evidence of insured to the effect that appellant..........
Indian Penal Code, 1860, Section 300Exception, 1 -- Provocation - In order to invoke benefit of S.300 Exception 1 IPC, it must be established that act committed by accused was a simultaneous reaction of grave as well as sudden provocation which deprived him of power of self-control - If provocation is grave but not sudden, accused cannot get benefit of exception -..........
Indian Penal Code, 1860, Section 300Exception, 1 -- Provocation - In order to bring case u/s 300 Exception I IPC following ingredients must be complied with: (i) provocation was sudden; (ii) provocation was grave; and (iii) loss of self-control - These three ingredients may be considered one by one...........
Indian Penal Code, 1860, Section 300Exception, 1 -- Provocation - Mere fact that deceased is said to have uttered some bad words and it appears that he also raised his hand & slapped appellant, that by itself may not be sufficient to bring the case within ambit of grave and sudden provocation...........
Indian Penal Code, 1860, Section 300Exception, 1, Evidence Act, 1872, Section 105 -- Provocation - Burden of proof - Where prosecution prima facie proves that act was committed by accused which had resulted in death of deceased and accused pleads that case falls within one of exceptions of S.300 IPC, it is for him to prove that...........
Indian Penal Code, 1860, Section 304PartI -- Offence u/s 304(Part I) IPC - Incident occurred at the spur of a moment - Act was not pre-planned or pre-meditated - Appellant had no weapon in his hands at the relevant time - He picked up a cement stone which was lying beneath the bridge and hit the same on head of deceased - Therefore, appellant did not take any undue..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Occurrence took place in the street and not inside the house of one `J', as alleged by complainant - Dead body of deceased also was lying in the brick lines street - Weapons of offence were not sent for forensic analysis to examine whether they were in the working condition or not - Allegation of firing at the..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
