Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Prosecution has intentionally tried to conceal the real genesis of the case - Prior altercations between family of accused and complainant and possibility of false implication of accused cannot be ruled out - From the discrepancies and inconsistencies in evidence of PWs, it can be concluded that..........
Indian Penal Code, 1860, Section 376 -- Rape - A relationship between two adult individuals does not justify sexual assault by one on his partner...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Indian Penal Code, 1860, Section 405 -- Offence u/s 405 IPC - Mere breach of contract does not constitute offence u/s 405 IPC without there being care of entrustment...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has initiated 7 proceedings against husband including 5 criminal cases u/s 498-A IPC and Dowry Prohibition Act - However, husband was acquitted of the charges - Husband lost his job as a teacher and is unable to find a new job by reason of criminal cases registered against him -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Filing a complaint before a lawful authority cannot amount to instigation or abetment of suicide, as intention in filing the complaint is not to instigate or goad the deceased to commit suicide...........
