Indian Penal Code, 1860, Section 302 -- Murder - Testimony of child/eye witnesses - Eye witnesses immediately disclosed the incident to PW6 who was also present at the spot - There is no exaggeration in the statements of eye witnesses and they have stuck to their statements made during investigation in material particulars - Statement of child witnesses have been..........
Indian Penal Code, 1860, Section 417 -- Cheating - Breach of promise to marriage - Complainant is already married and having a child - If she is already married, there can be no question of cheating on the breach of promise of marriage - Offence u/s 417 IPC cannot be laid against accused...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No document produced to demonstrate that accused and complainant are married - Complainant is already married to one `J' and has a child born from said wedlock - Objections of complainant does not narrate that she has secured a decree of divorce from her earlier husband - Merely because accused has sent some money some..........
Indian Penal Code, 1860, Section 507 -- Criminal intimidation by anonymous communication - No anonymous communication made by accused - Complainant appears to be twinning a story to get hold of accused which if permitted would become an abuse of process of law and result in mismarriage of justice - FIR quashed...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Statement of wife in her complaint is in total contradiction to her statements recorded u/s 164 Cr.P.C - Wife stated in her statement u/s 164 Cr.P.C that she never resided with accused/in-laws and thus question of being inflicted with cruelty as defined in S.498-A IPC does not arise - Ingredients required to constitute..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault of 9 years old boy - Victim clearly and unequivocally stated that accused inserted his penis into anus of victim - Medical report confirmed the laceration and tear of anus - Nothing is brought by accused to establish to the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
