Indian Penal Code, 1860, Section 363, 367, 342 -- Abduction - Prosecutrix aged more than 41 years, earlier, left the house at her own will and went alongwith accused - Thereafter again prosecutrix left the house at her own will and lived with accused and a concocted and false story of abduction is knitted afterwards - No case is made out against accused - Accused rightly..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Pre-mature baby expired within 24 hours of delivery - Matter should first be referred to a competent doctor or committee of doctors specialist in relevant field - When such a doctor or committee reports that there is prima facie case of medical negligence, only then notice should be issued to doctor or hospital..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment without any premeditation - Act committed in the heat of passion upon a sudden quarrel without having taken undue advantage or acting in a cruel or unusual manner - No enmity or motive of accused to commit the alleged crime - Weapon used was not lethal -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in criminal proceedings u/ss 406, 498 & 120-B IPC - Held, mere fact that criminal proceedings initiated by wife ended in a judgment of acquittal itself would not lead to a finding against wife that she is guilty of causing extreme mental cruelty to husband as to become the basis for a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal against conviction - Since property which came into the hands of wife of accused was admittedly owned by..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 - Quantum of sentence - Accused had already undergone custody period of 20 months approximately - He was first offender, who faced trial and appeal for 12 to 13 years - Sentence of accused therefore, reduced to period already undergone...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of prosecutrix - Ossification test - Ossification report of prosecutrix reflects that she was between 15-17 years - Benefit of 2 years thus enures in favour of accused and prosecutrix should be treated as major...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself admitted that she willingly accompanied accused and had expressed her desire to marry him after completion of her education - She was travelling to different places using public transport with accused but no complaint was made to any passenger or to police nor she tried to run away..........
