Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Suicide or victim set on fire - 98% burn injuries - Ornaments which belong to victim such as Mangalsutra, a nathi (nose ring) some glass bangles and peinjan (an ornament worn on foot) were found below the pillow in the room - These are such ornaments which an Indian married woman normally does not remove and in Indian..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Victim stated to be set on fire - 98% burn injuries - Neighbours first raised an alarm - No explanation why none of them not examined - One neighbor also accompanied accused husband to the hospital to arrange for an ambulance and this person not examined - Non examination of these important witnesses leads to non..........
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise to marry - Merely because accused is now married and/or even that prosecutrix has subsequently married - Not a ground not to convict accused...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent is said to be consent obtained on..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Court at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, depending on factual situation, also has jurisdiction to entertain complaint u/s 498-A IPC...........
