Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - If a citizen of India on his whatsapp status extends good wishes to the citizens of Pakistan on their Independence Day, there is nothing wrong with it - It is a gesture of goodwill and it cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Appellant has posted that "Art.370 of Constitution was abrogated, we are not happy" - He intended to criticize the action of abrogation of Art.370 of Constitution - It is a simple protest by appellant against the decision to abrogate Art.370 of Constitution - S.153-A(1)(a) IPC will not be attracted as what is..........
Indian Penal Code, 1860, Section 302, 201, 34, Dowry Prohibition Act, 1961, Section 4 -- Murder - Allegation in FIR that accused caused death of deceased by pressing a crowbar on her neck - However, as per evidence of brother of deceased his sister had been assaulted and done her to death and dead body was cremated - No evidence on record as to from which source brother of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere expression of opposition by family members of accused to relationship and marriage, on account of caste to which deceased belongs, on one occasion without anything more, is not sufficient to attract the ingredients of S.306 IPC - Accused rightly discharged...........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence - Incident occurred in 2008 and 16 years have already lapsed - Sentence reduced to 3 months from 6 months for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Chain of circumstances not complete against A-2 to 6 - As regarding involvement of other accused, except that their names have been brought on record on the basis of confessional statement of accused `S', there is no other material to connect them with the killing of deceased - Confessional statement of co-accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 466, 221, 205, 109, 120B, 34 -- Anticipatory bail - Offence u/ss 419, 466, 221, 205, 109, 120-B, 34 IPC - Police officer facing allegations of manipulating investigation so as to favour an accused - Considering the position held by petitioner even if he was suspended from service and charge..........
