Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Indian Penal Code, 1860, Section 399, 402 -- Offence u/ss 399, 402 IPC - Accused along with four other persons assembled in a lonely place in the odd hours of night - Some articles were recovered from accused - However, that by itself cannot be said that articles seized from possession of accused can be utilized only for purpose of committing dacoity and for no other..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation that accused threw stone twice on deceased and caused injuries on her head on account of which she died - However, accused was not carrying stone used in the offence with an intention of throwing at deceased during course of journey, as he picked up stone immediately before the incident -..........
Indian Penal Code, 1860, Section 376 -- Rape of mentally retarded girl - Prosecutrix did not support the prosecution case - She did not narrate even a single word against accused and about the incident - Even, mother of prosecutrix also did not support prosecution case - In absence of such evidence and in view of fact that victim was not even declared hostile by..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Allegations that truck driver was signaled to stop but he did not stop, broke the rope and fled away - Person who held the rope sustained minor injuries as per prosecution - However, doctor stated that except complaint of pain in shoulder, there was no other injury and not even on hands - Absence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 499 -- First exception - Quashing of proceedings - Defamation - Plea of defence of good faith - Defence plea being a question of fact can be decided during trial only and benefit of S.499 First Exception IPC cannot be claimed at the stage of issuance of summons - At this stage, Magistrate is..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Juvenile - Bail - Dowry death - Cruelty - Accused is about 17 years of age at the time of incident - There is no distinguishing feature from case of co-accused who is already granted bail and who is adult..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
