Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Suicide note of 11 pages describes in sequence all facts and circumstances - Suicide note gives an impression that deceased was being harassed by accused and he felt insulted and frustrated to such an extent that he was forced to take such extreme..........
Indian Penal Code, 1860, Section 376 -- Rape case - There is no inflexible mandate u/ss 26(a)(iii) proviso and S.327(2) second proviso Cr.P.C. as regards trial of matters u/s 376 IPC to be dealt with by a Court presided over by a woman judge...........
Indian Penal Code, 1860, Section 376(2)(j), 376(2)(n), 366 -- Rape - Voluntary and consensual relationship - Uncertainty relating to age of prosecutrix raises a benefit of doubt in favour of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against father-in-law and mother-in-law - No specific allegation levelled against petitioners with regard to cruelty - Wife herself stated that just after the marriage she went alongwith her husband to Malaysia and was continuously ill-treated by husband - FIR qua petitioners quashed...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against husband - Wife specifically mentioned the harassment and cruelty meted out to her by husband - No case is made out for quashing FIR against husband - Petition for quashing qua husband dismissed...........
Indian Penal Code, 1860, Section 419, 420 -- Cheating - Accused impersonated his brother and obtained employment - However, brother of accused had died and appointment order was issued to him - Accused continued to work in office knowing fully well that appointment letter was issued to his brother - Apology letter written by accused to Department concerned corroborated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Recovery of articles - Mere recovery cannot lead to conviction and sentence of accused unless they have been properly identified by witnesses...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Identification of accused - Victim did not identify accused persons and even other PWs also failed to identify accused - Two-wheeler along with knife was recovered on the confession of accused - However, two wheeler has not even been marked as a material object in the case - There was thus, no..........
Indian Penal Code, 1860, Section 376 -- Rape - Discharge - Love affair between parties for prolonged period of 8 years - Prosecutrix is sufficiently of matured age to be conscious of relationship, both physical and mental - Merely because relationship between parties had now turned sour, it cannot be inferred that physical relationship established with her on every..........
