Indian Penal Code, 1860, Section 376, 376(2), 384, 328, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Whatsapp messages - Reproduced in application - Complainant not denied the contents of all the Whatsapp chats reproduced in application - Prima facie, the messages/chats do not even remotely suggest that any such incident as alleged had happened or that..........
Indian Penal Code, 1860, Section 166 -- Offence u/s 166 IPC - Mere breach of departmental rules will not bring a public servant within purview of S.166 IPC - There must be materials to show that accused had willfully departed from direction of law with intent to cause injury to any person...........
Indian Penal Code, 1860, Section 166, 167 -- Offence u/ss 166, 167 IPC - Quashing of proceedings - Allegation against petitioner is that she acted against Rules and guidelines and had refused to register settlement deed - However, all that petitioner had done was requested de facto complainant to produce original of Patta obtained by his predecessor in terms of Circular..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Non-production of child witness is of no consequence, as she was taken away at wee hours and was subjected to rape in a truck, chances of her recognizing accused are remote...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - S.188 IPC does contemplate an order passed by a civil Court in a suit - Word "promulgated" in S.188 IPC does not refer to an order passed by a public servant during course of proceedings between two parties in a suit - S.188 IPC applies to orders made by public functionaries and for public purposes and not to an..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere allegation of violation of injunction order by petitioner passed against her by civil Court, even if true, does not make out an offence u/s 188 IPC...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - In order to attract offence u/s 447 IPC, property entered into by accused must be in possession of another person...........
