Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Allegation that upon witnessing mother/accused in a compromising position with co-accused, deceased became severely depressed and ultimately hanged himself to death, does not at all prove that accused persons intentionally instigated or abetted deceased to commit suicide -..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Prosecution failed to establish mens rea on the part of accused leading to commission of suicide by deceased - Accused cannot be held responsible for commission of suicide by deceased, as there was no instigation or abetment on their part - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Indian Penal Code, 1860, Section 364 -- Abduction - Abduction simpliciter may not technically be an offence under IPC but it becomes a punishable offence when it is combined with another act...........
Indian Penal Code, 1860, Section 364, 364A -- Nature of offence - Prosecution miserably failed to establish the demand of ransom - Only deposition in Court regarding demand of ransom has come as a bald statement by PW5/father of complainant that when he was in the hospital co-accused demanded Rs.8,00,000/- as ransom - Co-accused has already been acquitted by trial Court -..........
Indian Penal Code, 1860, Section 307, 392, 397, 120B -- Attempt to murder - Complainant was abducted and two accused made an attempt to kill him but he escaped - Injuries sustained by complainant in the incident match the case of prosecution - An attempt was made by two accused to dispose of the body of complainant by burning the body - There were burn injuries on both his..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Names of accused had transpired only when two of them were arrested by police in connection with secret information of they being in possession of fire-arms - Accused were arrested on suspicion and from their possession firearms were recovered - It was only after their arrest that PW1 stated that she had seen..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No specific overt acts attributed to any of accused - Court convicted A-1 and acquitted A-5 and A-6 though similar allegations were made against them - When there is a similar identification evidence of witnesses against accused ascribing them some or similar role, Court cannot convict one and acquit the other -..........
