Indian Penal Code, 1860, Section 153A, 294(b) -- Whatsapp group - Offensive message posted in the group by a member - Whatsapp group administrator cannot be held vicariously liable for an act of member of group, if he played the role of a group administrator alone and nothing else...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27, 29, 30, 54, 59, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Double murder case - Allegation against petitioner is that his gun was used by his son in murder of two girls - Son of petitioner is in custody -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506, 148.149, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Out of 22 PWs only 2 witnesses have been examined - Factum of complainant not supporting case of prosecution would be subject matter of trial - Conclusion of trial is likely to take time - Bail application held,..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 8 -- Double murder case - Motive - Prosecution stated that there was a motive for co-accused and accused to eliminate deceased, as it is deceased who had gotten son of co-accused killed in an accident - However, this fact has not been narrated either by son of deceased nor by nephew of deceased -..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 32 -- Double murder case - Complaint as dying declaration - Xerox copy of complaint written by deceased `M' prior to his death to police, produced by son of deceased regarding threats from accused - However, said complaint does not mention accused - Complaint does not prove the fact that accused..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Double murder case - Conviction cannot be based only on the ground that alleged accused has absconded - Since there is lack of evidence with regard to accused being a conspirator, his conviction only on the basis of fact that he had absconded from his home cannot be basis for convicting him for alleged offences - Accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Mere statement by victim in her evidence that accused hugged and impregnated her without indication about penetration aspect is not sufficient to attract offence of rape - Unless the victim states in her evidence about penetrative non consensual sexual act by accused on her, offence of rape cannot be said to be made out...........
Indian Penal Code, 1860, Section 375 -- Prior to amendment - Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC, unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 102 -- Rape - Onus to prove - In a case of rape, onus is always on prosecution to prove affirmatively each ingredient of offence, it seeks to establish and such onus never shifts...........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
