Indian Penal Code, 1860, Section 420, 405 -- Cheating - Breach of contract - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, that is the time when offence is said to have been committed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Quashing of proceedings - Criminal colour given to a civil dispute - Such an exercise is nothing but an abuse of the process of law - It must be discouraged in its entirety...........
Indian Penal Code, 1860, Section 420, 419, 406, 34 -- Cheating - Quashing of FIR - Allegation that accused had sold four excess flats beyond its share - However, there is no evidence on record that accused have deceptively or intentionally tried to sell excess flats as contended by complainant - Dispute between parties could at best be termed as one involving a mere breach..........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder and conspiracy - Proof - Accused while in jail hatched criminal conspiracy with co-accused and committed murder of deceased by firing gun shot and blasting bomb - Conspiracy by accused not proved, as though wife of deceased deposing about threats given by accused to kill his husband in..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Difference between preparation and attempt to commit rape - Preparation or attempt to commit offence will be predominantly determined on evaluation of act and conduct of an accused - Stage of preparation consists of deliberation devising or arranging the means or measures, which would be necessary for..........
Indian Penal Code, 1860, Section 511 -- Attempt to commit offence - Attempt is a mixed question of law and facts - Attempt is direct movement towards commission after preparations are over - It is essential to prove that attempt was with an intent to commit offence - An attempt is possible even when accused is unsuccessful in committing the principal offence - Similarly if..........
Indian Penal Code, 1860, Section 376(2)(f), 511 -- Attempt to commit rape of two minor girls - Victims are aged about 8 years and 9 years respectively - Both have unequivocally stated as how accused allured them and had taken them inside his house, closing the door, undressing victims and rubbing his genitals on those of victims - Since the victims started crying, accused..........
Indian Penal Code, 1860, Section 363, 368, 376, 120B -- Kidnapping and rape - Doctor who examined prosecutrix has categorically mentioned that it cannot be opined that there was sexual intercourse with prosecutrix and that there was rape committed - Vaginal smear did not show any spermatozoa - FIR was lodged belatedly - There were contradictions which were not minor in..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Allegation that accused fled away by jumping the wall of house of prosecutrix on making hue and cry by prosecutrix - However, accused is handicapped by one leg, thus allegation not proved - Accused acquitted...........
