Indian Penal Code, 1860, Section 376, 34 -- Rape - Victim is a married woman blessed with a child - Appellants are facing ordeal of trial from the year 2002 - Appellant no.1 remained in judicial custody approximately five years and appellant no.2 remained in custody for six years and two months - Sentence of 10 years reduced to R.I for period already undergone by..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Indian Penal Code, 1860, Section 304(Part II), 328 -- Offence u/ss 304(Part II), 328 IPC - Injured and deceased had taken Tari given by accused which was poisoned leading to hospitalization of five injured and death of deceased - Doctor's report and post mortem report proved that cause of death of accused beyond all reasonable doubt - Even if accused had apparently no..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 3 -- Kidnapping and rape - Victim was a minor when she eloped with petitioner and may be when they solemnized their marriage - However, victim stated that she is happily living with petitioner and the two children,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation of second marriage is a bald allegation without corroborative materials - No prima facie offence is made out against accused - Criminal proceedings against accused initiated by complainant u/s 494 IPC is nothing but a malicious prosecution with an ulterior motive, which is clear abuse of process of Court -..........
Indian Penal Code, 1860, Section 376, 323, 452, 506 -- Rape - Jurisdiction - Rape alleged to be committed at place `N' & `B' - Court at place `U' has no jurisdiction as rape is not a continuing offence...........
