Indian Penal Code, 1860, Section 366 -- Abduction - Once necessary intent of accused is established, offence is complete, whether or not accused succeeded in effecting his purpose and whether or not woman consented to marriage or illicit intercourse...........
Indian Penal Code, 1860, Section 366 -- Abduction - Evidence on record shows that complainant and accused were in relationship which was known to their families also - Primary allegation is that accused took complainant forcibly to his house - But it was not with intent to seduce her to illicit intercourse - Statement of being molested by complainant at the hands of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Case of prosecution entirely hinges on circumstantial evidence which has got several missing links inasmuch as possibility of the accused being innocent cannot be ruled out - Even, in view of conflicting medical opinion, trial Court was not justified in relying only on..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused allegedly entered the room of deceased and inflicted one blow on head of deceased - Sword was recovered from possession of accused and according to FSL report, blood group of blood found on sword matched with deceased - However, there is no evidence of motive to kill deceased - Moreover, it is..........
Indian Penal Code, 1860, Section 294 -- Obscene words - Mens rea is essential part and if any word is uttered unintentionally it cannot be said that there is intention to commit any criminal act...........
Indian Penal Code, 1860, Section 294 -- Obscene words - Words which are common in nature and words of common colloquial are not obscene words - Only words related to sex or moral are obscene words...........
Indian Penal Code, 1860, Section 294 -- Obscene words - Words used by accused cannot be termed as obscene words, because same is used frequently and unintentionally...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 Part II IPC - Mere uttering of words not sufficient to constitute offence but it has to be established that accused was in a position to execute threat on the spot...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 Part II IPC - Words uttered in fury which has only sound and same is without substance - When accused was not having any arms at the time of commission of offence or soon shown determination as to how he will be able to kill complainant, words are not sufficient to constitute offence u/s 506 Part II IPC - Accused..........
