Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Indian Penal Code, 1860, Section 506(ii) -- Offence u/s 506(ii) IPC - Apart from a bald allegation made by complainant that A-1 abused him and intimidated him, there is no material which can show that accused indulged in criminal intimidation of complainant so as to justify invocation of offence punishable u/s 506(ii) IPC - Proceedings quashed...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Complainant alleged that accused abused him by using profane language - S.294(b) IPC would clearly not apply to such an act...........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the person of prosecutrix - By itself no ground to infer consent on the part of prosecutrix...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction cannot be based solely on the statements made by an accused u/s 313(1) Cr.P.C - Statements of accused cannot be considered in isolation but in conjunction with the evidence adduced by prosecution...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Indian Penal Code, 1860, Section 376 -- Rape - Enhancement of sentence is not justified nearly 35 years after the incident in view of facts of the case - No interference warranted in the order of sentence...........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
