Indian Penal Code, 1860, Section 292 -- Offence u/s 292 IPC - Watching of an obscene video/photo by a person from a mobile phone in his privacy without exhibiting it to others is not an offence u/s 292 IPC...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown to exist right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Merely on the allegation of failure to keep a promise will not be enough to initiate criminal proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Indian Penal Code, 1860, Section 376 -- Rape - Voluntarily leaving home by victim with accused does not give accused the right to invade upon the privacy of victim girl or to commit any penetrative sexual offence within the meaning of rape as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Nothing has come out from cross-examination of victim to shake her credibility - Therefore, there is no reason to seek corroboration as it would amount to add an insult to injury already suffered by victim - Prosecution case stands proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused was only bread earner of family and at the relevant point of time he was 26 years old - Ends of justice would be met if accused is sentenced to suffer imprisonment of 4 years instead of 7 years for committing offence u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Sentence - Incident is of the year 1995, almost 28 years old - Awarding death sentence would not be appropriate - Life imprisonment is thus, awarded to accused u/s 302 IPC along with fine of Rs.20 lacs and R.I of 7 years awarded u/s 307 IPC along with fine of Rs.5 lacs - Both the sentences shall run concurrently...........
