Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To prove the offence of criminal conspiracy, it is imperative to show a meeting of minds between conspirators for intended common object...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Accused has only concealed the relevant incriminating evidence/articles - Materials on record in no way establish that before commission of offence, accused had any common purpose, object or intention of committing the crime - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 307, 324, 342, 452, 149, 148, 147, 506 -- Attempt to murder - Quashing of FIR - Allegation that accused allegedly entered into the house of complainant and gave knife blows, not supported by any of villagers including neighbours of complainant - There is family dispute between two parties which resulted in filing of two cases by wife..........
Indian Penal Code, 1860, Section 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
Indian Penal Code, 1860, Section 452, 323 -- Offence u/ss 452, 323 IPC - Allegation against accused are of trespassing into bedroom of complainant and inflicting injuries to her - However, civil litigation between husband of complainant and accused with regard to house in question is pending - Present FIR is counter blast to the FIR lodged by accused against complainant -..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Wherever prosecution is of opinion that accused is convicted for grave offence, for which death sentence is warranted, it should carry out the exercise of placing materials in terms of Manoj Vs State of MP case.. for evaluation...........
Indian Penal Code, 1860, Section 364A, 302, 201, 420, 468, 471, 120B -- Kidnapping for ransom - Murder - Modification of sentence - Accused kidnapped 18 years old boy and sought ransom in exchange - They strangulated the kidnapped boy, burnt his body to eliminate evidence and disposed of body in a nala - Sole motive of crime seems to have been greed - There was..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - None of PW stated about cruelty or harassment to deceased by accused or any of family members on account of demand of dowry soon before death or otherwise - Rather, harassment has not been narrated by anyone - Only certain oral averments on record regarding demand of motorcycle and land which is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
