Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Applicant who is Headmaster of institution was nowhere near the dance class being conducted by dance teacher - Neither any action of any assault has been attributed to applicant, nor is there any allegation that applicant had connived with said act in any manner..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Offence alleged committed in 1975 - Complaint filed with inordinate delay with no plausible explanation - Ordinarily the stale claims would not be entertained...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Act complained not an offence when committed - Accused cannot be brought to book merely because such act is criminalized in a subsequent legislation - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix informed her husband regarding incident in morning on returning home - She with clarity stated and identified accused of having committed offence of rape - Incident is duly corroborated by testimony of neighbour PW3 - Defence failed to demolish statements of PW1, PW2 and PW3 or cast reasonable doubt -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death otherwise than under natural circumstances within seven years of marriage - Evidence of PW1, father and brother of deceased had given a clear indication that there was no cruelty upon deceased soon before date of incident - Necessary ingredients of deceased being subjected to cruelty in respect of demand of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
Foreigners Act, 1946, Section 14C -- Abetment - Mere passivity and insouciance will not tantamount to offence of abetment...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing offence u/s 7 of the Act...........
