Indian Penal Code, 1860, Section 498A -- Cruelty - Demand of dowry must be clear and specific - A person cannot be convicted merely on basis of casual statement, vague and general allegations...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry death - Allegation against married Nanad (sister-i, law) of deceased - No specific allegations against appellant with regard to harassment or any demand of dowry - Only allegation qua appellant was that she had taunted the deceased as to why Maruti car was given in marriage of deceased instead of a Maruti Esteem car..........
Indian Penal Code, 1860, Section 363, 366A, Criminal Procedure Code, 1973, Section 482 -- Run way marriage - Quashing of FIR - Petitioner and respondent married together as per their own free will and now they are residing together as husband and wife - Respondent is major, therefore, no offence is made out against petitioner u/ss 363, 366-A IPC - There is no justification..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to lead any documentary evidence to prove the age of victim - Doctor who medically examined victim gave an opinion that she was between 16-17 years of age with a permissible variation of two years on higher side - Doctor also opined that victim had not been subjected to rape - Story..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 376 -- Bail to juvenile - Rape - Medical examination of prosecutrix shows that she did not receive any injury whatsoever in the incident - Conduct of juvenile is reported to be satisfactory and he does not have any criminal antecedents - There is justifiable reasons..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Dying declaration - Evidence of PW7, who recorded the statement of deceased is trustworthy and accepted by Courts below, as deceased was found to be mentally fit to give his statement regarding occurrence - Dying declaration, held, reliable - Conviction of accused is not only based on dying declaration but on the u,..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Identification of accused - Accused persons identified in Court for the first time after a gap of more than 2 years from the date of incident - Incident occurred in the night, at a place with improper lighting - Accused persons not known to forest..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in number..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, 7A, Indian Penal Code, 1860, Section 302, 201, 498A -- Plea of juvenility - Offence u/ss 302, 201, 498-A IPC - Determination of age of juvenile - Age of person as mentioned in ration card has no legal sanctity, thus it cannot prevail over entry made in School register regarding age of person - Since..........
