Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract the offence u/s 307 IPC, victim need not to suffer any kind of bodily injury...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Quantum of sentence - Accused as a consequence of attempt to do away the life of complainant, has caused him spine injury and resultantly he became paralyzed - Case falls under Second part of S.307 IPC - Maximum sentence as prescribed under first part of S.307 IPC is not exceeded 10 years and in second part of..........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Indian Penal Code, 1860, Section 376(2)(1), 511, Protection of Children from Sexual Offences Act, 2012, Section 5(k), 9, 10 -- Attempt to rape - Accused with sexual intent hugged victim girl aged about 16 to 17 years from behind and that involved physical contact without penetration - Said act of accused i.e sexual assault is aggravated sexual assault, as victim is having..........
Indian Penal Code, 1860, Section 420, 379, 406, 427 -- Cheating - Jurisdiction of Court - Rent agreement executed between parties - Accused handed over three undated signed blank cheques to complainant as security - Complaint does not mention that cheque was handed over before parties entered into an agreement - Complaint does not show that complainant was persuaded to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - General and vague allegations were made against petitioners - Wife has given list of incidents of cruelty in FIR - However, instances are also of a nature that do not fulfill the ingredients of S.498-A IPC - In fact, some of ill-treatment as alleged are not even complainant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Lifting of dhoti by accused to show his private part and then asking victim to measure his penis, would squarely attract S.11(1) of POCSO Act as well as S.509 IPC prima facie...........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
