Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Sentence - Accused was arrested on 10.5.2024 and by now he has been in custody for about 117 days - Sentence of accused modified to period already undergone by him - However, considering the fact that accused is a poor person and is now aged about 69 years having several medical issues,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
Indian Penal Code, 1860, Section 306, 511, 109, 120B, 149 -- Abetment of suicide - Wife attempted suicide - Death by suicide is necessary ingredient to invoke S.306 IPC - Further, S.511 IPC can only be invoked if principal offence is concluded to have been committed - Since wife survived suicidal attempt, threshold of S.306 IPC not breached - Accused discharged...........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape full penetration is not at all necessary...........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Victim in clear words disclosed that accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad - Mere fact that victim went inside the room along with accused, same cannot by any stretch of imagination be considered as her consent for sexual intercourse..........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Making of a false document is a sine qua non for constituting offences in question...........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Quashing of FIR - No allegation against petitioner of making any false document or committing any forgery - Even if entire allegations made against petitioner in the FIR are considered to be true in their entirety still the offences in question not made out against petitioner - FIR..........
Indian Penal Code, 1860, Section 323, 324, 325, Constitution of India, 1950, Article 142 -- Offence u/ss 323, 324, 325 IPC - Compromise - Incident occurred relating to minor issue between close relatives over tying of bullocks on piece of land - Both the parties after settling their disputes have agreed to maintain peace and harmony in the society - Proceedings can be..........
Indian Penal Code, 1860, Section 509, Kerala Police Act, 2011, Section 120 -- Offence u/ss 509 IPC and S.120 of K.P Act - Posting 2 postcards with derogative statements by itself is sufficient to attract offence punishable u/s 509 IPC as well as S.120 of K.P Act...........
Indian Penal Code, 1860, Section 499 -- Defamation - S.499 IPC would apply to defamation through Facebook and social media platforms which would come under the caption "cyber defamation"...........
