Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased in her dying declaration stated that incident occurred due to quarrel going on between her and her husband and he threw burning stove on her - There is no evidence of any strained relations between accused and deceased - There cannot be any issue that when a person throws a burning stove on..........
Indian Penal Code, 1860, Section 304(Part II),341,323,304,34 -- Nature of offence - Murder - As per oral evidence and other material on record, it is evident that occurrence happened in evening in continuation of altercation that occurred in morning - This shows that there was no premeditation or pre-plan to commit murder of deceased - Conviction of accused u/ss 304, 34..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To be held guilty u/s 149 IPC, accused should be a member of assembly at the time when the offence was committed...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere passive witnesses and those present as a matter of curiosity without intending to entertain common objective are not guilty u/s 149 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment - There was quarrel between father and daughter as to where bulb is to be put on - In sudden quarrel and in spur of moment, accused threw chimney lamp on his daughter - Occurrence was sudden and there was no premeditation - Chimney lamp was burning which accused..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Evidence of three eye witnesses not in consonance with facts stated in FIR and that of their statements recorded u/s 161 Cr.P.C - Had the eye witnesses actually witnessed the incident, there would not be any contradiction regarding manner of assault nor there would have been any conflict between..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 - Suicide on 07.01.1990 - Letter written by deceased regarding cruelty received by father of deceased on 10.01.1990 but handed over to police on 13.01.1990 - Deceased had never written any other letter to her family after her marriage but had rather been in touch with her relatives through telephone -..........
