Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A, 376, 384 -- Anticipatory Bail - Text of phone messages clearly indicative of long standing close and intimate relations between petitioner and complainant - Complainant sharing minutest details with petitioner - Prosecutrix used to send text messages and invite petitioner to her house at odd..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased died due to asphyxia as a result of pressure over neck - Accused saw his daughter talking to PW9, got suddenly provoked and lost his power of self control, slapped her, took her inside the house and caused death of his daughter by strangulation and throttling - Medical evidence established..........
Indian Penal Code, 1860, Section 376, 313, 506 -- Rape - Delayed FIR - Occurrence took place about 3 to 4 months prior to lodging of FIR - No reasonable explanation given for the delay - More so, prosecutrix herself admitted that there is enmity between her family and family of accused and civil litigations are pending between parties - There is shadow of doubt on FIR..........
Indian Penal Code, 1860, Section 376, 313, 506 -- Rape - Testimony of prosecutrix - Rape committed on a girl by a 65 years old man continuously for half an hour - However, no injury was found on the person of prosecutrix except one abrasion - Evidence of prosecutrix found to be contradictory and not worthy of credit - Deliberate improvements made by prosecutrix on material..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/s 120-B IPC and u/ss 13(1)(d), 13(2) of P.C. Act - Accused allegedly entered into criminal conspiracy by abusing their official positions as public servants - Accused illegally transferred..........
Indian Penal Code, 1860, Section 420 -- Cheating - Dishonour of cheque - Cheque in question does not relate to account of A-1 but proved to belong to account of A-2 - However, in absence of privy between A-2 and A-1 there could be no offence u/s 420 IPC against A-1 even leave about against A-2 that could be made out - Offence u/s 420 IPC quashed...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix aged 9 years - Implicit reliance can be placed on the sole testimony of minor prosecutrix for conviction of accused when on a wholesome reading of her deposition recorded on oath, an ensuing inference emanates therefrom of her testimony being both inspiring as well as credible...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Rape of a minor girl aged 9 years - Mere factum of hymen of prosecutrix having remained intact, does not conclude that testimony of prosecutrix qua occurrence stands belied, particularly when such testimony is corroborated by an eye witness, whose presence at the..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay of 10 days in lodging FIR - Delay properly explained as accused threatened prosecutrix not to disclose the matter to anyone - Prosecutrix aged 9 years who was under threat disclosed the incident to her mother belatedly - Explanation offered by prosecution does not gripped with..........
Indian Penal Code, 1860, Section 34, 149 -- Distinction - Common intention and common object - Common intention denotes acting in concert by a pre-arranged plan implying a prior meeting of mind - Whereas, common object does not require prior meeting of mind and pre-concert...........
