Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely being named in a suicide note would not by itself establish the guilt of an accused until ingredients of an offence are made out...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Issuance of threats three months prior to suicide without any positive act of aiding or instigating would not by itself create an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To constitute abetment, the intention and involvement of accused to aid or instigate the commission of suicide is imperative...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be a proximate and live link between the occurrence and the subsequent suicide, inasmuch as, the instigation or illegal complained off omission or commission at the hands of the accused to the deceased must be the only factor, which subsequently led to him committing suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - No proximate and live link between alleged threats given in Feb 2019 and subsequent suicide in May 2019 - There is no positive act on the part of accused to instigate or aid in committing of suicide - It is not established from the allegations and from record that accused intended to push deceased into such..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Consent obtained by fraud amounts to no consent and therefore, if intercourse is done with consent but obtained by fraud, it would amount to rape...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Call records established that call from mobile of deceased was received much before accused had reached the house of PW2 but an impression was sought to be created that deceased had called when accused and PW2 were at jogging track - Fact that accused was on jogging track in black leather shoes while his sports shoes..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix informed her husband regarding incident in morning on returning home - She with clarity stated and identified accused of having committed offence of rape - Incident is duly corroborated by testimony of neighbour PW3 - Defence failed to demolish statements of PW1, PW2 and PW3 or cast reasonable doubt -..........
