Indian Penal Code, 1860, Section 420 -- Cheating - Guilty intention is an essential ingredient of offence of cheating - Mens rea on part of accused must be established...........
Indian Penal Code, 1860, Section 457 -- Conviction u/s 457 IPC - Conviction set aside as : (1) All witnesses interested to the complainant; (2) Prosecution story quite improbable; (3) Circumstances do not corroborate the story; (4) FIR is delayed one; (5) Witnesses substantially improved their version; (6) No mens rea could have been attributed to the present petitioner;..........
Criminal Procedure Code, 1973, Section 366, 367, 368 -- Death reference - Duty of High Court - Held, in a reference made u/s 366(1) of Cr.P.C., there is no question of High Court short-circuiting the process of reference by merely relying upon any concession made by counsel for convict or that of counsel for State - A duty is cast upon High Court to examine the nature and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal provisions contained in S.138 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mens rea - In prosecution u/s 138 N.I. Act, mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved...........
Indian Penal Code, 1860, Section 499, 500, 501, 502 -- Defamation - Essential ingredients - Held, mens rea to cause harm is the most essential sine qua non for an offence u/s 499 IPC - To constitute "defamation" u/s 499 IPC, there must be an imputation and such imputation must have been made with intention of harming or knowing or having reason to believe that it will harm..........
Indian Penal Code, 1860, Section 307,324 -- Nature of offence - No repetition of shot - Unsafe to conclude that appellant had the requisite mens rea to cause murder of the injured as rest of the injuries were on non vital part of body on arm and hand - Injured was not hospitalised and was discharged after his medical examination - None of the two assailants, who were armed..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Bail - Offence u/ss 13(1)(d), 7, 8 & 12 Prevention of Corruption Act and S.120-B IPC - Prosecution could not show the basic requirement of mens rea to accept and receive bribe so as to bring it within the ambit of Act of 1988..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mens rea - Held, in a case u/s 306 IPC, there should be clear mens rea to commit offence - There should be direct or active act by accused which led deceased to commit suicide - There must be some evidence of 'instigation', 'co-operation' or 'initial assistance' by accused to commit suicide by victim/deceased...........
Electricity Act, 2003, Section 135 -- of the Act deals with an offence of theft of electricity and the penalty that can be imposed for such theft - Provision of ,S. 135 - This squarely falls within the dimensions of Criminal Jurisprudence and mens rea is one of the relevant factors for finding a case of theft...........
