Indian Penal Code, 1860, Section 376, 307, 323 -- Rape - Subsequent report does not show any injury on private part of prosecutrix as injured remained unconscious for 5-1/2 months - Merely of this reason, prosecution case cannot be thrown though period intervening is substantial...........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Property dispute between parties - Inconsistency found in the evidence of PW1 as well as PW5 regarding assault inflicted on injured, which make their status as an eye witness doubtful - Neither I.O nor doctor was examined - In the background of inconsistency coupled with no, examination of I.O in whose..........
Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Indian Penal Code, 1860, Section 325, 341, 323, 294, 448, 506, 354 -- Offence u/ss 325, 341, 323, 294, 448, 506, 354 IPC - Order taking cognizance - No prima facie evidence on record to show that A-1 voluntarily caused any grievous hurt to complainant as designated u/s 320 IPC - Basic ingredients of S.325 IPC thus, not attracted - However, there is prima facie material on..........
Indian Penal Code, 1860, Section 498A, 406, 294(b), 323, 506(i) -- Offence u/ss 498-A, 406, 294(b), 323, 506(i) IPC - Quashing of FIR - There is no whisper about demand of any dowry or valuable security in complaint - Petitioner and complainant were living together only for about 4 months - Most of allegations in complaint pertains to certain averments that took place..........
