Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable u/s 406 IPC but dishonest intention at the time of making promise attracts an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........
Indian Penal Code, 1860, Section 326, 331, 343, 346 -- Offence u/ss 326, 331, 343, 346 IPC - Illegal detention at police Station - Reduction of sentence - Occurrence was of the year 1992 - Accused/police officers after acquittal recorded by trial Court, also attained the age of superannuation - Victim has been given government job and presently working in office of..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Indian Penal Code, 1860, Section 376(1), 451 -- Rape - Medical evidence does not support commission of rape - Even there is no other evidence on record which may support statement of prosecutrix - There was no semblance of any resistance or any hue and cry by prosecutrix that would certainly attracted persons who resided nearby - Said persons deliberately not made PWs -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that wife, at the time of marriage, wrongly represented that she had completed her MCA but she completed MCA after marriage - It cannot be said that wife cheated husband at the time of marriage more particularly when husband lived with wife as husband and two children..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Demand of motorcycle stands disproved by fact that said demand was six months prior to death of deceased - Demand of dowry soon before death of deceased was not established - Deceased committed suicide by pouring kerosene oil upon herself - Offence u/ss 498-A, 304-B IPC not made out - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Incident occurred in broad day light and in presence of numerous witnesses - Deceased was chased for quite a distance and she was set on fire after drenching her with petrol - Several eye witnesses have been cited by prosecution and they all reside near to house of accused -..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
