Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Relationship between parties was existing for a long period of 10 years - However, prosecutrix never realized that accused was exploiting her by developing physical relation with her continuously - Consent in such case cannot be considered to be a consent..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Failure to keep promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506 -- Rape - False promise of marriage - Prosecutrix and accused are major, well educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because accused refused to marry her - Consensual..........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Accused had published news item against character and reputation of complainant - However, accused failed to prove any justification/reasonable excuse for publishing such a defamatory news item against complainant - Case does not come under any of exceptions enumerated u/s 499 IPC - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Section 3, 5(1) -- Bail - Offence u/s 365 IPC and Ss.3, 5(1) of 2021 Act - Serious allegations of religious conversion is on record against accused - If this process is allowed to be carried out majority population of..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Victim is habitual to sexual intercourse - No visible injury found on the body of victim or on her private parts - There is no corroboration of statement of victim also by medical evidence - Accused and victim were recovered while they were walking together - PW10 at whose residence accused is said to have..........
Indian Penal Code, 1860, Section 376D, 34 -- Rape - Quashing of proceedings - Proceedings cannot be quashed merely on the basis of fact that victim has forgiven the accused - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Non-examination of independent witness - Incident occurred in the house of complainant surrounded by houses from all the sides - It is highly unlikely that on complainant having raised loud hue and cry, no one else except examined related and interested PWs, would have arrived at the place of..........
