Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship - Relationship may be consensual at the beginning but the same state may not remain so for all time to come - Whenever one of partners show their unwillingness to continue with such relationship, character of such relationship as it was when started will not continue to prevail...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Compelling a married woman to live in her parental home on account of non fulfillment of demand of dowry would certainly amount to mental harassment, punishable u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - If the allegation of adultery is found to be incorrect, then that allegation, by itself, would amount to cruelty...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Not providing food to the married woman on account of non fulfillment of demand of dowry would certainly amount to physical and mental harassment...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - Merely because FIR has been lodged after filing of divorce petition, same cannot be quashed on the ground that it is by way of counter blast...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations made in FIR are specific against each and every accused and by no stretch of imagination it can be termed as a vague, omnibus or general in nature - Merely because FIR has been lodged after filing of divorce petition, same..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Instigation - Word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - No proceedings u/s 52-A of the Act were undertaken by I.O. for preparing an inventory and obtaining samples in presence of jurisdictional Magistrate - FSL report is thus, nothing but a waste paper and cannot be read in evidence - Accused acquitted...........
