Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Very factum of death by suicide not proved - To attract the ingredients of S.306 IPC, there must be evidence to substantiate existence of suicide - It should be followed by abetment as required u/s 107 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was ailing and not keeping good health as per statement of psychiatrist - It was not a case of suicide - More so, evidence on record shows that there is marital discard, as accused/husband was not in speaking terms with deceased/wife - No material evidence sufficient enough to attract ingredients of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclamation - Guidelines issued by High Court vide its impugned order with respect to manner of issuing proclamations u/ss 82, 83 Cr.P.C is set aside, as High Court has inadvertently or otherwise entirely overlooked Form 5 and 6 and important provisions of Cr.P.C i.e Ss.83, 174-A IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 395, 386, 365, 342, 506 -- Quashing of FIR - Offence u/ss 395, 386, 365, 342, 506 IPC - FIR lodged after a period of almost two years from the alleged incident that too without specifying any date and time of alleged incident - Entire case put up by informant on the face of it appears to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Allegation that accused forcibly took away the amount of Rs.2 lakh from the pocket of informant - No plausible explanation given by informant as to why he was carrying Rs.2 lakh in his pocket - Moreover, taking away Rs.2 lakh from pocket of informant would not fall within ambit of S.390 IPC - Offence u/s 395 IPC not made..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Mere abuse may not come within purview of S.504 IPC - However, in judging whether particular abusive language attract S.504 IPC, Court has to find out what in ordinary circumstances would be the effect of abusive language used and not what complainant actually did as a result of his peculiar idiosyncrasy or cool..........
