Indian Penal Code, 1860, Section 498A -- Cruelty - Second marriage during subsistence of first marriage - Amounts to cruelty contemplated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of minor girl by her step father - Testimony of prosecutrix - Statement of prosecutrix recorded u/s 164 Cr.P.C was without any coercion or duress, as her mother was not present with her - Prosecutrix was tutored by her mother when she stepped into witness box - It appears that mother has entered into compromise with her..........
Indian Penal Code, 1860, Section 376(2)(n), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(l), 6 -- Rape - Reduction of sentence - Accused and victim were in love and sexual act was consensual - However, age of victim was 16 years at the time of incident - Victim and child born from said relationship are suffering on account of absence..........
Indian Penal Code, 1860, Section 376(2)(n), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), (I), 6 -- Rape - Reduction of sentence - Minimum sentence as prescribed by law has been imposed on accused - Said minimum sentence cannot be reduced - Prayer for reduction of sentence rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - FIR is not free from any kind of suspicion - Most of PWs have not supported case of prosecution - After considering depositions of PWs, documentary evidence supporting ocular versions, arguments advanced by parties, chain of circumstances has been found to be incomplete - Moreover, categorical findings of Court below that..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Indian Penal Code, 1860, Section 375 -- Rape - Word `consent' is prefixed with `without' and word `willingness' is prefixed with `against'...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
