Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Accused threatened victim after sexually exploiting her with dire consequences including exposing her in school before teachers and other students - Said fact is proved from not only statement of victim but also from the statements of parents of victim - Accused committed the offence u/s 506 IPC...........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Complainant sustained injuries on the nose and fracture of nasal bone was found - It cannot be said that intention of accused was to cause death of complainant, as per material evidence on record and medical certificate and injuries sustained by complainant - High Court rightly ordered charge to be framed u/s..........
Indian Penal Code, 1860, Section 307, 294, 34 -- Offence u/ss 307, 294, 34 IPC - Compromise - Offences are non compoundable - Serious allegations against accused - Criminal proceedings u/ss 307, 294, 34 IPC cannot be quashed solely on the ground that complainant and accused have settled the dispute...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 201, 323, 120B, 34 -- Third bail application - Attempt to murder - Conspiracy - Prima facie though evidence is on record to show that petitioner hatching conspiracy with other accused to inflict injury to complainant by use of firearms, but there is no inkling from evidence to show that..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106 -- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than..........
Indian Penal Code, 1860, Section 302, 465, 419 -- Double murder case - Accused was having relationship with deceased is proved from the statements of PWs - Deceased was carrying the child from loins of accused when she was murdered - Presence of accused at the spot is proved on record - Accused accompanied deceased and his daughter and stayed in hotel, soon thereafter..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere inability to return loan amount cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, as it is this mens rea which is the crux of offence...........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Mere breach of a promise, agreement or contract does not ipso facto constitute offence u/s 405 IPC without there being clear case of entrustment...........
