Indian Penal Code, 1860, Section 326, 342, 323, 34, Criminal Procedure Code, 1973, Section 378 -- Offence u/ss 326, 342, 323, 34 IPC - Appeal against acquittal - When there is enmity between two factions of village, then there is tendency on part of aggrieved party to give an exaggerated version to rope in even innocent members of opposite faction in a criminal case -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 297, 435, 34 -- Anticipatory bail - Offence u/ss 295-A, 297, 435, 34 IPC - Allegation in FIR disputed - Occurrence of incident has created a state of emergency among people of village as many innocent people have been dragged into incident for no fault on their part - However, co-accused is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Criminal Procedure Code, 1973, Section 482, Karnataka Minor Mineral Concession Rules, 1994, Rule 31(R), 42, Indian Penal Code, 1860, Section 379 -- Quashing of proceedings - Illegal mining - Fine of Rs.45,000/- collected - Entire proceedings quashed...........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Age of prosecutrix - Prosecution failed to prove that prosecutrix was a minor at the time of alleged incident - No proof of date of birth was filed by parents of prosecutrix - Testimony of mother of prosecutrix with regard to age of..........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Prosecutrix did not raise any alarm at any stage from time she left Delhi till she came back - FSL report does not corroborate prosecution story as semen was not detected on any of samples of prosecutrix - MLC of prosecutrix does not..........
Indian Penal Code, 1860, Section 498A, 114, 323 -- Conviction of appellant u/ss 498-A, 114 & 323 - Accused No.3 to 5 acquitted - Husband undergone the sentence - Overt act attributed to appellant that he physically assaulted deceased on two occasions - Accusation of physical assault by appellant on deceased not proved - Appellant acquitted...........
Motor Vehicles Act, 1988 - - Recourse to both under Indian Penal Code and Motor Vehicles Act is permissible - There is no bar under Motor Vehicles Act or otherwise, to try and prosecute offences under IPC for an offence relating to motor vehicle accidents - Prosecution, if otherwise maintainable lies both under IPC and Motor Vehicles Act, as both statutes operate with full..........
Indian Penal Code, 1860, Section 302, 304(Part I), 398 -- Nature of offence - Accused was making an attempt to commit robbery or dacoity while being armed with a toy pistol as well as with a knife - He though panned the loot but sudden act of stabbing was committed at spur of moment, as he did not cause death of deceased - Scuffle and anguish of failed loot was possibly..........
Indian Penal Code, 1860, Section 302, 323, 149 -- Murder - Unlawful assembly - Common object - Accused undoubtedly were members of unlawful assembly and some of whom were also armed with spears and assaulted deceased - All accused surrounded deceased to prevent his escape - Initial assault was made on head of deceased with lathi by accused - Deceased fell down after said..........
