Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - There has been no dishonest intention at the inception - Proceedings quashed...........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 12 -- Offence u/s 323 IPC - Removal of disqualification attaching to conviction - Offence u/s 323 IPC is not an offence of moral turpitude - Person released on probation of good conduct therefore, will not incur any disqualification due to conviction recorded by trial Court as provided u/s 12..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
