Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - PW6 has not proved recovery of amount from any of three accused - PW7 declared hostile and he has not deposed that amounts were recovered from accused - Prosecution failed to prove stolen cash from A-5 & A-7 - A-5 and A-7 acquitted...........
Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 -- Outraging modesty of woman - Benefit of probation - Cannot be extended to accused as offence u/s 354 IPC is of moral turpitude...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused abused victim, grasped her hair and fell her down and pressed her breast and tore her blouse - Incident happened in a public place - Evidence of victim is corroborated by her husband and father-in-law - Nothing in rebuttal against recovery of torn blouse of victim - More so, after the incident..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Very factum of death by suicide not proved - To attract the ingredients of S.306 IPC, there must be evidence to substantiate existence of suicide - It should be followed by abetment as required u/s 107 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was ailing and not keeping good health as per statement of psychiatrist - It was not a case of suicide - More so, evidence on record shows that there is marital discard, as accused/husband was not in speaking terms with deceased/wife - No material evidence sufficient enough to attract ingredients of..........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money was advanced on the basis of negotiable instrument which certainly falls within meaning of word loan - It does not fall within meaning of business of advancing money - Trial Court committed error in non-suiting complainant on the ground that complainant is a money lender and prosecution u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Complainant proved the ingredients for offence u/s 138 of the Act - There is due compliance about issuance and service of notice - Accused tried to take defence of re-payment of loan amount, however, he could not substantiate it - Since complaint is pending since 2011, accused convicted for..........
