Indian Penal Code, 1860, Section 354 -- Essential ingredients of the offence punishable under S.354 IPC is that the person assaulted must be a woman and the accused must have used criminal force on her intending thereby to outrage her modesty - What constitutes an outrage to female modesty is nowhere defined - The essence of a woman's modesty is her sex - The culpable..........
Indian Penal Code, 1860, Section 376 -- Rape - To hold accused guilty of the offence Court has to be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person, but that he intended to do so at all events and notwithstanding any resistance on her part - To prove so materials must exist - Surrounding..........
Criminal Procedure Code, 1973, Section 166B, Indian Penal Code, 1860, Section 302 -- Appellant involved in a murder in Canada - Canadian Authorities requested Govt. of India to obtain sample of blood and record statement of accused on voluntary basis - Accused refused to do so - Court cannot compel appellant to make statement and give his blood sample under compulsion..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Cancellation - Offence u/s 498-A IPC - Accused granted bail on the premise that there is possibility of compromise between the parties - No compromise took place - Breach of compromise is not a ground for cancellation of bail - Having granted bail, it is not open to Court to cancel the same on a ground alien to the..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witness partly reliable - Evidence of such a witness to be accepted on corroboration in material particulars - Eye witness deposing that names of some of the accused were wrongly mentioned by him - Other accused tried with appellant acquitted by trial Court - Testimony of eye witness corroborated on all material..........
Indian Penal Code, 1860, Section 302 -- Murder - Incident 10.30 a.m. and FIR lodged at 10.50 a.m. when police station was at a distance of 8 kilometers - Dying declaration detailed and ran into several pages - Opinion of doctor that deceased was not in a position to make statement - Carbon copy and not original of dying declaration exhibited - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 24, 25 -- Murder - Conviction - Credibility of evidence - Evidence tendered is totally silent as to in whose custody were the bullets, empty cartridges and the pistol - Several discrepancies and shortcomings in evidence makes doubt on credibility of prosecution version - Prosecution fail to establish..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Bribe money - Not believable that accused would accept bribe money in presence of PW who had enmity with him - Prosecution version regarding demand and acceptance doubtful - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 326 -- Lathi blow on head - Death by single blow - Incident occurred at spur of moment - No evidence that accused had any motive, intention or knowledge as to their act which led to the death of deceased - Accused is guilty of offence u/s 326 - Conviction u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Persistent demand of gold ornaments and ill treatment - Last demand made 15 days before death - Body cremated same night without informing parents of deceased - Presumption arises that it is a case of dowry death...........
