Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Accused took the prosecutrix and went to his closed room, therein, he took the prosecutrix in his lap and wanted to give her a bite, during that time, he was rubbing in her thigh - Act of accused is sufficient..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Accused has explained the context in which he made statements on the basis of which a complaint of defamation was filed - Moreover, such statements have been unconditionally withdrawn by accused - It is thus, unjust to continue prosecution - No purpose will be served by continuing prosecution -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Accused has joined investigation and is not required for custodial interrogation - It is neither the stand of State counsel nor that of complainant that accused has misused concession of interim bail by threatening/intimidating the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - When a victim suffering from cruelty makes a complaint and later on alleged accused commits suicide, then victim cannot be responsible for extreme step taken by said accused...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife left matrimonial home after husband gave beatings to her on her refusal to comply with request on unnatural carnal intercourse while she was pregnant and filed complaint u/s 377 IPC against husband - Husband committed suicide after one month of filing complaint - Wife not liable for offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To ascertain that whether there was any act of instigation it has to be gathered from the circumstances of case which clearly portrays the guilty mind of accused conspiring to instigate the deceased to the verge of committing suicide...........
