Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Accused assaulted his wife when she refused to sign consent letter for his second marriage - Seat of attack and weapon of offence used, expose intention of accused - Due to timely intervention of PW2 to PW4 who had taken her to her home and then got her admitted in the hospital, she had survived - Ingredient..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Sentence - Incident took place in the year 2006 and witnesses who are rustic villagers were examined nearly about 12 to 13 years after the occurrence - Taking into consideration the long lapse of time to dispose the case both at the trial stage as well as appellate stage, substantive sentences ordered to run..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 306 -- Cognizance - Charge sheet not filed against petitioner - Petitioner summoned as an accused on the basis of statements of first informant, mother of deceased and another brother of deceased recorded u/s 161 Cr.P.C. wherein they stated that petitioner also harassed and assaulted the..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Bad habit of a person cannot be termed as abetment for committing a crime like S.306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased sprinkled kerosene oil on her husband/accused and herself - It appears that deceased might be over sensitive due to drinking habit of accused and committed suicide - PWs did not support prosecution case - No independent witness has supported prosecution case that accused was instigating his wife to..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Evidence Act, 1872, Section 65 -- Rape - Age - No birth certificate/school certificate - Secondary evidence - Bone ossification test done in another case to prove age of prosecutrix - Already on Court record (even though in another case) which is not disputed by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Age - Bone ossification test - Opines ages 15-17 years - Inclination of Court should be towards considering lower side on the margin of error - It cannot be intention of POCSO Act to treat victim who is borderline minor, as a major in case victim does not..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Hymen tear - Even slightest form of penetration is sufficient to constitute offence of penetrative assault - It is not necessary that there has to be some injury on genitalia or any other part of prosecutrix's body...........
