Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix on her own accord and free will went away with accused in absence of her parents - She traveled with accused through public transport and remained with accused for a period of 40 days without raising any alarm which shows that she was a consenting party - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 376 -- Rape - Distinction between "mere breach of promise" and "giving a false promise to marry" - Only a false promise to marry made with an intention to deceive a woman would vitiate the woman's consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Indian Penal Code, 1860, Section 376(m), 201, 506(2) -- Rape - Property dispute in between two families - Accused is third generation cousin of victim - Victim stated that accused committed rape at the point of knife - However, no knife either discovered or recovered from accused or anyone else alleged to have been used at the time of commission of crime - Victim alleged..........
Criminal Procedure Code, 1973, Section 155(4) -- Offence u/ss 504 & 506 IPC - Offence u/s 506 IPC (As In U.P.) is cognizable offence - Accused can be tried for both the offence in the manner prescribed for trial of cognizable offences...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution failed to prove the second marriage of accused by producing reliable evidence on record - Three out of five PWs have admitted that they were not present in the alleged second marriage - PW5 stated that he was giving the statement as instructed by complainant - More so, despite having knowledge about alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
