Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Momentary disagreement resorting to extremities cannot be termed as an instigation, inducement or abetment to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Victim/husband had on his own locked accused/wife in the room from outside and hanged himself - It was beyond the knowledge and control of accused to have immensely rescued victim - No evidence on record that victim was subjected to prolonged and continuous mental or physical torture or cruelty by accused which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195, 196, 467, 471, 120B -- Perjury - Prosecution has failed to prove that accused have intentionally fabricated the record and conspired with one another in order to secure conviction of three persons - Even, there is no material on record to suggest that accused have mis-guided the Court and..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Sole eye witness of the occurrence i.e. complainant died during pendency of the case and his testimony could not be recorded in the Court - Identity of accused could not be established - Benefit of doubt thus, given to accused - Accused acquitted...........
