Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
Indian Penal Code, 1860, Section 302, 97 -- Murder of husband by wife - Right of private defence - Deceased/husband was in a drunken mood tried to ravish his own daughter aged about 21 years - To save the honour of his daughter, accused/wife has committed the murder of her husband - Body of deceased found semi nude and injury on his head i.e skull broken - Post mortem..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation against sister-in-law - No evidence on record that accused harassed deceased for dowry and treated her cruelly - Accused's act of merely having deceased visit her house and engaging in quarrels does not amount to cruelty for dowry - Statement alleging accused poisoned deceased were..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused assaulted deceased after bullets were fired on deceased by co-accused - However, charge u/s 34 IPC has not been framed against accused - Accused convicted only on the basis of statement of PW1 - Deceased had already died when PW1 reached the scene of offence - PW1 in his cross-examination stated that..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim had gone with accused on her own volition - She left with accused on his motor cycle and thereafter travelled to various places including by train for more than six days - Physical relations were voluntarily formed by victim..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B, 34, 411 -- Quashing of FIR - Offence u/ss 379-B, 34, 411 IPC - Accused declared proclaimed offender on 30.10.2019 and co-accused was acquitted on 4.3.2020 - Accused approached High Court by way of his first petition for quashing, seeking similar relief which came to be argued and withdrawn..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against sister-in-law of wife - Sister-in-law of wife is married and resides separately from wife - General and omnibus allegations alleged against her which did not lie against her - Proceedings qua sister-in-law of wife stayed till 30.11.2024 or until further orders, whichever is earlier...........
