Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused used to take victim to Kanpur for treatment and on the date of incident he stayed in a guest room where he committed rape with victim - Statement of victim u/s 164 Cr.P.C corroborated the statement given by victim as PW2 - Plea of false..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Accused on some other day came to house of victim and molested her and on her crying, her mother came there and accused fled away - Mother of victim is also eye witness of said fact - She also stated that even before 3 years from the date of making statement before trial Court accused molested victim - Both..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - It need not be because of mens rea as intent...........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Summoning of accused without insisting for medical evidence or examination of professional Doctor in support of case - Order of trial Court summoning accused and order of High Court set aside - Trial Court to call upon complainant to first examine the professional doctor as a witness in support of his..........
Indian Penal Code, 1860, Section 376, 506(2) -- Rape - Prosecutrix stated that incident of rape was witnessed by wife and four children of accused - No prudent man will commit alleged crime in front of his wife and four children and no married lady would allow her husband to commit rape of a lady in front of her four children - Every part of the testimony of prosecutrix is..........
Indian Penal Code, 1860, Section 376, 506(2) -- Rape - Medical evidence - Prosecutrix found to be used to sexual intercourse - Doctor has not given any opinion about rape - Medical evidence thus does not corroborate prosecution story - Even I.O. has not corroborated prosecution story as he has not found any broken Jwar plants as stated by prosecutrix - Every part of..........
Indian Penal Code, 1860, Section 376 -- Rape - Change of place of occurrence - Prosecutrix in her examination-in-chief stated the place of incident as wheat field and in cross examination she stated the incident to be field of peas - Since the testimony of prosecutrix is self contradictory as such it does not inspire confidence - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Kirpan is normally carried on person by members of a specific community as part of religious belief - Fact that it can also be used as a weapon of offence does not ipso facto make it a weapon of offence particularly when there is no evidence that appellant was aware that co-accused was carrying a kirpan and intended to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - if co-accused suddenly pulled out his kirpan and assaulted deceased, that was his individual act for which he has been convicted u/s 302 IPC - Conviction of accused u/ss 302, 34 IPC has not been established, therefore his conviction altered to Ss.324, 110 IPC and sentenced him to period already..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere filing of proceedings u/s 125 Cr.P.C and Ss.498-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act, cannot be treated as a ground of cruelty of wife against her husband, particularly when wife and child are forced to live separately from husband...........
