Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Indian Penal Code, 1860, Section 304B, 34, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - General and omnibus allegations regarding demand of Rs.1 lakh have been levelled by family members of deceased - No specific date, time or place has been mentioned by witnesses regarding demand of dowry or cruelty - During life time of..........
Indian Penal Code, 1860, Section 302 -- Murder - Two different versions - One in dying declaration and another in FIR - Projection of two different versions by prosecution of the same occurrence having material differences with regard to time of occurrence, manner of occurrence and persons who allegedly committed the crime in question - Prosecution unable to answer as to..........
Indian Penal Code, 1860, Section 376, 376D -- Nature of offence - Rape or Gang rape - Accused had physical relationship with prosecutrix on more than one occasion and same was disclosed to her parents only when they had noticed her to be pregnant - Prosecutrix refers to incident on the day she was said to have been taken away by all accused - However, there is no evidence..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral testimony of PW1 and PW2 is corroborated by medical evidence - Contradictions and discrepancies in the oral testimonies of said PWs only indicate that PW1 has exaggerated some facts but testimony of both the witnesses on material points are consistent - PW1 and PW2 have seen the accused stabbing deceased and they have..........
Indian Penal Code, 1860, Section 302 -- Murder - Public witnesses stated that accused stabbed deceased with knife - All three public witnesses have reached at the place of occurrence, so it also appears to be natural and probable that deceased in injured condition told them the name of person who stabbed him - This evidence is relevant u/s 32 of the Act and is reliable -..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon of offence i.e knife - Recovery is made by I.O at the instance of accused at his pointing out the place - Knife was blood stained and was sent to forensic examination which confirms human blood on the knife - Fact of recovery is proved by PW3 and is reliable...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
