Indian Penal Code, 1860, Section 420 -- Accused taking shares against post dated cheque - Executing receipt acknowledging receipt and transfer of shares - No suggestion given to P.W. that shares has not been delivered - Merely because cheque was filed by complaint not sufficient to take away affect of receipt - Cheque signed by accused No.1 but given to complainant by..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty - Essential ingredient are : (1) That the assault must be on a woman; (2) That the accused have used criminal force on her and (3) That the criminal force must have been used on the woman intending thereby to outrage her modesty...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty - Culpable intention of accused is the crux of matter - Reaction of woman is very relevant, but its absence is not always decisive...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty - Act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman...........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances...........
Indian Penal Code, 1860, Section 34 -- Common intention - Proof - Prosecution must establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of moment but it must be before the commission of the crime...........
Indian Penal Code, 1860, Section 342 -- Wrongful confinement - Essential ingredients are that the accused should have wrongfully confined a person and such restraint was to prevent the person from proceeding beyond certain circumscribed limits beyond which he/she has a right to proceed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Determination of intention or knowledge - Accused person causing injury to one of the vital parts - Despite interference of 5 persons, accused continued assault - Infliction of bodily injury capable of causing death, not always necessary - Facts of case clearly showing intention of accused - Conviction u/s.307 IPC..........
Indian Penal Code, 1860, Section 376 -- Rape - Completion penetration of the penis with emission of semen and rupture of hymen is not necessary to constitute the offence of rape - Partial penetration within the labia majora of the vulva or pudendum with or without emission of semen is sufficient to constitute the offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of rape is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted without corroboration in material particulars - She stands at a higher pedestal than an injured witness - If Court of fact finds it difficult to accept the version of the prosecution on its face value, it may search..........
