Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Neither parents nor any other witness have been examined by prosecution to show that prosecutrix was minor at the time of alleged incident - Infact evidence appears to be otherwise that prosecutrix was above 16 years of age and said fact is supported by doctor - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence on record shows that accused and prosecutrix were out together that night and that prior to the incident, there were talks of their marriage and same was known to villagers - In this background, there is possibility of accused being falsely implicated for rape..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Merely expressing of unpopular view - Not punishable under criminal law, unless it is proved that accused has done it in malafide manner...........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 and there is no allegation in the FIR that because of the publication any insult or attempt to insult the religions beliefs of the complainant or the people of his community was made or there was intention on the..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 - In the concluding part of book it is concluded that it is difficult to hold that Maharishi Balmiki was a dacoit - This part of publication..........
Indian Penal Code, 1860, Section 302, 324, 100 -- Murder - Right to private defence - Deceased were not armed with any weapon at the relevant time - Accused who were 7 to 8 in number having spear, axe and sticks thus, not entitled to right of private defence...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased had multiple stab wounds on the chest - It cannot be said that accused have acted at spur of moment without pre-mediation and accused did not take any advantage or acted in a cruel or unusual manner - It is not a case of single injury which one can infer on account of sudden fight - Presence of two..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen by informant in company of accused - On the next day dead body of deceased was found - In the meantime nobody has seen deceased anywhere - There was nothing to show what happened with deceased and who murdered him - It cannot be said that crime could not..........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10, Indian Penal Code, 1860, Section 341 -- Attempt to sexual assault by father upon his 7 years old daughter - Reduction of sentence - Victim herself appeared as PW1 and her evidence has proved, which was corroborated by evidence of PW6 and PW7 - Medical evidence also fully corroborated charge on accused -..........
