Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Incident took place on occasion of a no confidence motion about to be moved by PW1 against petitioner in a parent Teachers Association Meeting - It is difficult to believe that petitioner assaulted PW1 with an intention to outrage her modesty - Evidence of PWs 1 to 3 is not consistent - Necessary..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While arguing a case for discharge, accused will not be in a position to rely upon any document which is not the part of charge sheet...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Ground of abuse of process of law will not be available while arguing discharge application...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Simply because accused refused to marry deceased, would not be a case of instigating, inciting or provoking the deceased to commit suicide and would not amount to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - One person died in the accident and two persons sustained grievous injuries - Petitioner drove the offending vehicle violating one way traffic rules and dashed on the auto rickshaw in which deceased was travelling - Vehicle driven by petitioner was in high speed and it came in a reckless..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that there are few discrepancies in the FIR compared to statement of victim recorded u/s 164 Cr.P.C, same is not a good ground to exercise discretion in favour of an accused in a serious offence like rape...........
