Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Indian Penal Code, 1860, Section 302, 324 -- Murder of wife by husband - Mother of deceased/PW1 stated that accused stabbed the deceased with knife and caused death of deceased and also caused injuries to her - Evidence of independent witnesses also clinchingly corroborates medical evidence spoken by PW12 - All the material PWs identified the accused in Test Identification..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proceedings u/s 498-A IPC by second wife (who is not legally wedded wife) is not maintainable...........
Indian Penal Code, 1860, Section 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Accused and complainant had been living as husband and wife and three children were borne from their co-habitation - Allegation of demand or receiving of dowry on the part of accused will attract ingredients of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - General allegation against accused and her family members in suicide note - There were no acts of incitement on the part of accused proximate to the date on which deceased committed suicide - No act is attributed to accused proximate to the time of suicide which was of such a nature that deceased was left with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
