Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Indian Penal Code, 1860, Section 395 -- Conviction - Appeal thereagainst - Record of case weeded out by record keeper - Offence u/s 395 IPC - Reconstruction of original record of Sessions Trial is not possible - Incident occurred about 40 years ago - Many of persons relating to case including accused and informant had died - Retrial of case is almost impossible -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - May be physical or mental...........
Indian Penal Code, 1860, Section 498A, 324, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against relatives of husband - Sisters-in-law and brother-in-law of wife have been arraigned as accused without there being specific allegations as regards nature of cruelty, as contemplated by S.498-A IPC against them - Prima facie..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Materials relied upon by prosecution whether admissible in evidence, is a matter to be decided at the time of trial - As regarding extra judicial confession alleged to be given by accused after about 17 years of alleged incident, is to be decided by trial Court at..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Gravity of injury is not sole determining factor to determine whether accused intended to murder victim or not - Other attending circumstances like motive, situs of injury and manner of assault are equally relevant to determine intention of offender...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused threatened victim to withdraw an earlier criminal case - When she refused, he struck her repeatedly on neck with a sharp cutting weapon - Accused had thus, attempted to murder victim and assaulted her with a motive to murder her - Accused rightly convicted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Modification of sentence - Accused does not have criminal antecedent - Injuries were not grave - Incident occurred at spur of moment - Balancing aggravating and mitigating factors, interest of justice would be served if sentence of accused is modified and is directed to suffer R.I for 7 years and pay a fine of..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Genuine assessment of State of affairs of administration at a given point of time cannot amount to defamation...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Article published in press in respect of conduct of Chief Minister in discharge of her public functions does not warrant prosecution of petitioners u/ss 499, 500 IPC - Prosecution qua petitioners quashed...........