Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Accused had broken window of house and entered inside the middle of night and was searching inside the house with a lighter in order to commit theft - Injuries were inflicted on eye witnesses - Prosecution clearly established offence u/ss 394, 450 IPC - Considering injuries inflicted on neck of PW1,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - PW1/wife of deceased categorically stated in her deposition that incident occurred in the house of A-3 - She specifically stated that A-1 caused four injuries on head of deceased and A-3 dragged the body of deceased and thrown it on the gate of her house - Presence of A-3 at the place of..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Presence of accused in the house of victim, taking victim inside the room by holding her hand, removing her pant etc. proved by prosecution - Presumption about culpable mental state of accused proved u/s 30 of the Act - Testimony of victim inspires confidence - Plea of false implication..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Court can pass suitable order in terms of money in lieu of shared house while taking note of relationship existing among the parties...........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Husband living with his first wife - In such circumstances directing respondent to stay in the same house in a separate room would not be feasible practically - Sum of Rs.5000/- p.m. thus, granted to respondent so that she can find out suitable alternate..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
