Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Indian Penal Code, 1860, Section 392, 379, 34 -- Nature of offence - Compromise - Prima facie ingredients to constitute an offence u/s 390 IPC punishable u/s 392 IPC are not made out - Offence u/s 379 IPC is made out which is compoundable at the option of owner of stolen property - Offence compounded - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Momentary disagreement resorting to extremities cannot be termed as an instigation, inducement or abetment to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Victim/husband had on his own locked accused/wife in the room from outside and hanged himself - It was beyond the knowledge and control of accused to have immensely rescued victim - No evidence on record that victim was subjected to prolonged and continuous mental or physical torture or cruelty by accused which..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction u/s 307 IPC may be justified only if accused possessed intent coupled with some overt act in aid of its execution - Ascertaining intention to kill or having knowledge that death may be caused as a result of overt act, is a question of fact and hinges on the unique circumstances that each case may..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecution story has been demolished by oral testimonies of witnesses including the medical experts, coupled with the contents of FIR registered by a hearsay witness - No motive attributed to appellant or to co-accused, in order to justify their conviction u/s 307 IPC - Both the injured witnesses during their..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Oral evidence of eye witnesses - There is not even a whisper about the alleged eyewitnesses joining the investigation - Said witnesses were apparently ghost witnesses who neither had their statements recorded by I.O u/s 161 Cr.P.C. nor were they produced by prosecution before Trial Court - Similarly, no attempt..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- If murder is committed inside a house, there would be a corresponding burden on the inmates of house to give a cogent explanation as to how the crime was committed in view of S.106 of Evidence Act...........
