Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere fact that one ingredient is fulfilled and mere statements made to show dishonest intention or falsity of statement, threshold of S.420 IPC is not breached, constituting offence...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record to show that representation made by accused or de facto complainant was false or that they had prior knowledge of such representation being false and made only with intention to deceive - No proof of any financial transaction is on record much less concerning accused - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Indian Penal Code, 1860, Section 375 -- Rape - Consensual relationship would not constitute rape within meaning of S.375 IPC...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Material contradictions in the statements of PWs - Statements of PWs therefore, do not inspire confidence - It is difficult to believe that no one was shot where it is being said that about ten rounds of firing took place - Prosecution failed to establish commission of alleged offence by accused beyond all..........
