Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Mere impersonation is not an offence - Offence is attracted only when along with impersonation, accused indulges in cheating...........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Offence of cheating by impersonation occurs only when due to impersonation, some damage or harm to body, mind, reputation or property takes place or is likely to take place...........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation Security guard was induced to permit accused to enter the villa complex due to impersonation - However, there is no allegation that any damage or harm was caused to security guard - Accused cannot be said to have committed cheating - If a person is not cheated, then offence u/s 419 IPC cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67 -- Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial - When an offence is made out against the accused irrespective of fact that whether the prosecutrix was a consenting party or not, then certainly,..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Indian Penal Code, 1860, Section 302, 324 -- Murder of wife by husband - Mother of deceased/PW1 stated that accused stabbed the deceased with knife and caused death of deceased and also caused injuries to her - Evidence of independent witnesses also clinchingly corroborates medical evidence spoken by PW12 - All the material PWs identified the accused in Test Identification..........
