Indian Penal Code, 1860, Section 199, 200 -- False evidence - Mere denial of fact which is asserted by party in petition filled by him, cannot be taken as false statement unless adjudication of said statement is made...........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 482 -- False evidence - Quashing of proceedings - Allegations of not paying tax to Municipal Corporation and making false statement u/ss 199, 200 IPC - As per evidence on record, grievances between complainant and accused is due to removal of accused from post of bursar in church and as such..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Courts should be extremely careful in assessing facts and circumstances of each case and evidence adduced in trial for purpose of finding whether cruelty meted out to victim has in fact induced her to end life by committing suicide - If it transpires to Court that victim committing suicide was hypersensitive to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or direct act leading deceased to commit suicide, being left with no option...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No substantive evidence against accused - All witnesses of fact declared hostile - Prosecution failed to prove its case against accused - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Indian Penal Code, 1860, Section 376 -- Rape by father - Corroboration not required - If father is offender in rape case, version of prosecutrix can be accepted without any corroboration...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape by father - Testimony of prosecutrix - In rape case, wherein offender is none else but father then version of prosecutrix can be accepted without any corroboration - In the statement of prosecutrix, no material contradictions except about date or month - She being an illiterate person may not be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Accused intentionally poured kerosene on deceased and set her on fire - Even at that stage, there was absolutely no remorse so far as accused is concerned in trying to save deceased - On the contrary he ran away from scene of offence - Plea of accused that incident happened in a..........
