Criminal Procedure Code, 1973, Section 433A -- Pre-mature release - Double murder case - Dispute between accused and his wife - Wife went to her parental home due to cruelty and harassment meted out to her by accused - On account of this accused got enraged and went to parental home of his wife - Accused threw his wife in a big tank with intention to kill her - He then..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
Indian Penal Code, 1860, Section 307, 326, 506 -- Attempt to murder - Quantum of sentence - Accused sentenced to suffer life imprisonment which is maximum sentence which may be awarded to said crime - No doubt criminal case for murder of father of victim is recorded against accused, but he was acquitted from the same - In view of proportionality of crime of indeterminate..........
Evidence Act, 1872, Section 118, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Testimony of child witnesses/victims - Sexual assault of two minor girls by their step father - Child witnesses are not competent to depose as per Magistrate - However, barely after 2 months thereafter both the victims when examined gave graphic details of alleged..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Sexual assault of two minor girls by their step father - Plea of false implication - Accused stated that complainant/mother of victims planted a false case upon her as she wanted to live with someone else and he opposed the same - Complainant admitted her marriage with said person thereby lending..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Sexual assault of two minor girls by their step father - Evidence on record reveals that a palpable and substantial doubt is cast on prosecution version - Statement of complainant as well as of victims does not inspire sufficient confidence to convict accused - Moreover, no details whatsoever have been..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Sole testimony of father of deceased regarding demand of money and consequent torture, lacking in many respects as he did not ever made any complaint in any quarter regarding torture of deceased - Deceased also never told him or wrote to him that she was subjected to any ill treatment - Held, no offence u/s 304-B IPC..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Delay in lodging FIR - Rape of 12 years old girl by her own father - Prosecutrix was in custody of accused and had threatened to her life, as a consequence she was not able to report the incident to..........
Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Rape of 12 years old girl by her own father - Accused without considering age and relationship of prosecutrix committed rape upon her under intoxication and threatened her to life - Prosecutrix is a child witness and entire evidence of..........
Partition suit -- Claimed by daughters - Mere factum of selling of property by defendant no.1 to meet the expenses of marriage of plaintiff no.2, would not disentitle plaintiff no.2 to claim her share, particularly when defendant no.1 also discharged debts owned by his father and there is no evidence on record that said property was acquired by him out of his own earnings...........
