Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 377 -- Appeal against conviction - Unnatural offences - Sodomy - Forced alcohol consumption by accused to victim - Victim admitted that he used to smoke but not drink - Merely because victim admitted to smoke, would not be a ground that he is of a deviant character - Victim has no..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - High Court clarified that life imprisonment would mean imprisonment of 20 years and accused may be released after completion of imprisonment of 20 years - Trial Court or High Court while sentencing appellant to life imprisonment and putting the cap of 20 years to life imprisonment has not in any way..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Eye witnesses have not supported case of prosecution - Custody of petitioner is more than 3 years - Co-accused has been enlarged on regular bail - No recovery is to be effected from petitioner - Petitioner is not involved in any other case - Conclusion of trial is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Word uttered in a fit of anger and emotion without intending the consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to bring a case within the purview of S.306 IPC there must be a case of suicide and in the commission of said offence, person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide -..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Suicide note shows that appellant was asking deceased to repay the loan guaranteed by deceased and advanced to one `R' - It could not be said that appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When allegations of cruelty are against relatives of husband as to commission of offence punishable u/s 498-A IPC, general and sweeping allegations are quite insufficient and there must be specific allegations with certainty...........
Indian Penal Code, 1860, Section 498A, 506(i) -- Cruelty - Allegations against relative of husband - Quashing of proceedings - There are specific allegations against A-3 prima facie to show that he has committed offence u/ss 498-A, 506(i) IPC warranting trial - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent of victim - Mere Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........
