Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Mere fact that items sold to accused `M' were indeed stolen articles, in the absence of dishonest intention and with the knowledge or belief of same being stolen property, it would not be sufficient to attract S.411 IPC - Accused `M' acquitted...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Only accused `K' has been convicted among all five accused - One person alone can never be held guilty of criminal conspiracy because one cannot conspire with oneself - Conviction and sentence set aside,..........
Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and victim are in sexual relationship for a period of more than five years - It is not the case of victim that accused had given promise to her to marry which at the inception was false and on the basis of which victim was induced into sexual relationship - Victim was very well knowing..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and victim are in sexual relationship for a period of more than five years - It is not the case of victim that accused had given promise to her to marry which at the inception was false and on the basis of which victim was induced into sexual relationship - Victim was very well knowing..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - There cannot be a conspiracy by only one accused - It is necessary for applicability of S.120-B IPC that there must be two or more persons agreeing for the purpose of conspiracy...........
