Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Prosecutrix and accused both are major at the time of incident and they also were in a romantic relationship with each other, which was also known to their families - Parents of both the parties were contemplating marriage between two - Proposed marriage was awaiting the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - FIR lodged after intervention of Superintendent of Police - Delay in lodging FIR properly been explained by prosecution - In a case u/s 376 IPC, delay if explained properly is not fatal to prosecution case...........
Indian Penal Code, 1860, Section 375 -- Rape - Penetration - Denotes ingress of male organ into the female parts, however, slight it may be...........
Indian Penal Code, 1860, Section 376 -- Rape - Where the acts of accused exceeded the stage beyond attempt to commit it, he is guilty of offence punishable u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Rape - Accused and victim are living as husband and wife and now they have settled their dispute - Both the parties are major - Therefore, further criminal proceeding would amount to harassment and marital life of accused and..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred all of a sudden at the spur of moment - There was no intention of accused to kill deceased - Incident was not pre-planned - Deceased was being hit by lathis and dandas and accused had used excessive force - Accused is guilty of an offence u/s 304(Part II) IPC...........
