Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - 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 - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Photograph of marriage is not sufficient to prove factum of marriage, especially when same are not proved on record in accordance with Evidence Act...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Contradictions and discrepancies in the evidence of injured and eye witnesses - None of independent witnesses have supported the case of prosecution - PWs and accused are not in good terms - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
