Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Indian Penal Code, 1860, Section 307, 323, 324 -- Nature of offence - Injuries on PW1 and PW2 have been found to be simple in nature - There is no allegation of repeated or severe blows having been inflicted - Offence u/ss 323, 324 IPC can only be made out - Conviction of accused modified from S.307 IPC to Ss.323 and 324 IPC and sentence imposed is also reduced to period..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - No material available on record in regard to commission of offence in question except statement of complainant that `they beat me' - There is not even a whisper that after the incident complainant went to a doctor or underwent any kind of treatment - Basic ingredients to constitute an offence u/s 323 IPC is..........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
Indian Penal Code, 1860, Section 384 -- To attract the offence u/s 384 IPC twin ingredients are to be satisfied, viz. (i) Intentionally putting a person in fear of injury to himself or another; (ii) Dishonestly inducing the person so put to deliver to any person any property or valuable security...........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had suddenly stabbed deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with sole intention of causing death of deceased - Previous enmity between parties had been a contributory factor leading to verbal altercation but it was not a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
