Indian Penal Code, 1860, Section 498A -- Cruelty - When marriage between accused and victim was a nullity, provision of S.498-A IPC would not be attracted...........
Indian Penal Code, 1860, Section 498A -- Proceedings u/s 498-A IPC - At the instance of second wife is not maintainable...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Bail - Cheating - Investigation of case is complete and challan stands presented - Charges are yet to be framed and out of 20 PWs, none has been examined yet - Conclusion of trial is likely to take long time - Detaining accused behind the bars for an indefinite period would solve no..........
Indian Penal Code, 1860, Section 498A, 506, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Friend of husband cannot be in any way covered within the phrase of relative of husband - Moreover, there is no allegation of any harassment about demand of dowry on the part of appellant - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Permission not obtained from any organization to put up a poster - It is an illegal act - Removal of an illegal poster is not an illegal act, the main ingredient of S.153 of the Code, though ideally petitioner ought to have approached the law enforcement agencies, instead of tearing it by himself...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
