Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Indian Penal Code, 1860, Section 376(2)(1), 323, 506 -- Rape - False promise of marriage - Prosecution failed to prove that accused had ever cheated prosecutrix by not disclosing that he was married - It was a mutual relationship between parties - FIR got registered against accused when said relationship became sour - No medical evidence was led to show that prosecutrix..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Main accused fled after the incident to Pakistan with the assistance of present accused persons - Accused were involved in disappearance of evidence, as blood stained gunny bag/bori was found at the instance of accused - Even, weapon of offence also recovered at the instance of accused - Accused rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Entire case is based on circumstantial evidence - No incriminating article was recovered from possession of accused - Credibility of testimony of witnesses is to be examined by trial Court at the relevant time - No apprehension if accused released on bail is going to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Evidence Act, 1872, Section 65B, 58, Indian Penal Code, 1860, Section 500 -- Defamatory email - Accused admitted in his evidence and statement u/s 313 Cr.P.C. of having sent the email - Prosecution cannot rely upon defence evidence - Statement of accused u/s 313 Cr.P.C. cannot be read in evidence - Complainant is required to prove email by otherwise than admission -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Minor girl's infatuation with alleged kidnapper cannot be permitted as a valid defence, as it would amount to undermining essence of legislative intent u/s 361 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Merely because accused has claimed that marriage had been performed with prosecutrix in temple, same cannot sanctify offence as prosecutrix was a minor and under 15 years of age at the time of incident...........
