Indian Penal Code, 1860, Section 323, 506 -- Offence u/ss 323, 506 IPC - Vague and unsubstantiated allegations of assault and threat levelled against accused by complainant without specifying time, date or even place where such acts were committed - No medical evidence on record nor any corroborative evidence to attract culpability of any of accused - Complainant not even..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased committed suicide within one year of her marriage by hanging from end of her saree - Dowry was given to accused at the time of marriage, but they demanded further dowry and subjected deceased to torture - Whenever, deceased came to her parental home, she narrated such incidents of torture to..........
Indian Penal Code, 1860, Section 427, 148, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 427, 148 IPC - Compromise - Matter is compromised between parties - Even otherwise, evidence adduced by prosecution that accused had caused damage to jeep is not very convincing or reliable - Six persons armed with dangerous weapons, one of them having a 12 bore DBBL gun..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Mere fact that accused solemnized marriage with some other girl, may not be sufficient to conclude that accused had made false promise to prosecutrix to marry her and such promise was given with no intention to being adhered to especially at the time when it was given...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Accused admittedly give promise to marry prosecutrix, but there is no evidence that such promise was false and given in bad faith - No evidence on record that accused from day one after his engagement with prosecutrix had no intention to marry her - No evidence on record that accused developed..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Reduction of sentence - Accused is 75 years old and has already undergone sentence of more than 6 months - Conviction of accused u/s 420 IPC is thus, maintained - However, sentence qua imprisonment of accused is reduced to period already undergone by him...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 379, 420, 411, 472, 473, 148, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 392, 379, 420, 411, 472, 473, 148, 149 IPC and S.25 Arms Act - Case of no injury - Police officials who constituted raiding party have not suffered any injury whatsoever despite alleged..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 468, 467, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Two earlier bail petitions of petitioner had been rejected - First rejection order was passed 05 months after arrest of petitioner and second bail petition was withdrawn - Petitioner has undergone more than one and a..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner undergone 5 months and 21 days of actual sentence out of total sentence of two years - As per `Saurabh Bakshi case' petitioner is required to undergo 6 months of sentence - There is a shortfall of only 9 days therefore, no useful purpose will be served..........
