Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and victim are in sexual relationship for a period of more than five years - It is not the case of victim that accused had given promise to her to marry which at the inception was false and on the basis of which victim was induced into sexual relationship - Victim was very well knowing..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and victim are in sexual relationship for a period of more than five years - It is not the case of victim that accused had given promise to her to marry which at the inception was false and on the basis of which victim was induced into sexual relationship - Victim was very well knowing..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - There cannot be a conspiracy by only one accused - It is necessary for applicability of S.120-B IPC that there must be two or more persons agreeing for the purpose of conspiracy...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Ground on the which A-5 was convicted that he was only person who knew about availability of huge amounts of money in the Truck - Conviction of all six accused were set aside by High Court and only A-5 was convicted u/s 120-B IPC - There cannot be a conspiracy by only one accused - It is necessary for..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - PW6 has not proved recovery of amount from any of three accused - PW7 declared hostile and he has not deposed that amounts were recovered from accused - Prosecution failed to prove stolen cash from A-5 & A-7 - A-5 and A-7 acquitted...........
Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 -- Outraging modesty of woman - Benefit of probation - Cannot be extended to accused as offence u/s 354 IPC is of moral turpitude...........
