Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 228 -- Offence u/ss 13(1)(d), 13(2) of Prevention of Corruption Act and S.120-B IPC - Prima facie after pursuing challan papers and study of evidence collected during investigation, trial Court committed no error in framing charge for..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement relating to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint by father of victim/wife u/s 498-A IPC is maintainable...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against family members of husband - General allegations of cruelty and dowry demand made against appellants - No specific incident, dates or details of any incident mentioned in complaint - Neither in complaint nor..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
