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 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...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - All the accused persons are innocent persons who never had any criminal record - Accused are on bail - Conviction u/ss 148, 302 r/w 323 be treated to be conviction u/s 304(Part II) IPC and conviction u/ss 147, 148 set aside - Punishment imposed of fine of Rs.20,000/- each and this fine be paid..........
