Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death by burning - 85% burn injuries - Deceased died due to burning within 1 year of her marriage - Soon before death of deceased she was subjected to harassment and cruelty pursuant to demands of dowry - There existed a live and proximate link between instances of demand of dowry and..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Offences u/s 498-A & 304-B IPC, are distinct in nature - Although cruelty is a common thread existing in both the offences, however, if a case is made out, there can be conviction under both the provisions...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Word `soon before' cannot be interpreted to mean `immediately before' - Rather prosecution has to show that there existed a `proximate and live link' between cruelty and consequential death of victim...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Deceased died within 4 years of her marriage by consuming poison - Consistent and reliable evidence of father of deceased is on record regarding demands made by accused - Necessary ingredients of S.304-B IPC stands satisfied - Presumption arises against accused u/s 113-B Evidence Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 376, 363 IPC - Without specifying in order as to whether sentences will run concurrently or consecutively - Accused continuously served about 13 years and 2 months of imprisonment - Nothing adverse in regard to their conduct while serving sentences has been placed on record - Maximum period of imprisonment to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Indian Penal Code, 1860, Section 124A, 153A, 505, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 124-A, 153-A, 505, 120-B IPC - Accused may have been ill treated while in police custody as per Medical Board of Army Hospital - Charges against accused are not such in which custodial interrogation would be required, as all statements made by accused..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
