In absence of criminal
antecedents, conviction for voluntarily causing hurt upheld but sentence set
aside; accused released on probation.
Order permitting voice
sample under Section 349 BNSS set aside where no material connects petitioner
to offence and such permission amounts to fishing inquiry.
No ground for transfer
when trial is at final stage with 18 witnesses examined and matter pending
since 2016; disputed facts not to be examined under Section 406 CrPC.
Bail granted-Dispute
has civil nature, clean acquittal in prior cases, substantial recovery made,
and custodial interrogation not required.
Dismissal for limitation
set aside-Complaint alleging police inaction must be assessed from date of
inaction, not related loan disbursal-Matter remanded for decision on merits.
Expression of love not
sexual assault-Mere one-time act of saying “I love you” and holding hand
without overt sexual intent does not amount to sexual assault under POCSO or
sexual harassment under IPC.
While conviction under
Sections 324 and 506 Part II IPC upheld, sentence of imprisonment in default of
fine found excessive and modified.
Conviction confirmed
where consistent eyewitness and dying declaration evidence proved accused set
wife ablaze after quarrel; Exception 4 to Section 300 not applicable.
Conviction under
Section 392 IPC upheld based on consistent eyewitness testimony and involvement
in multiple similar offences; no error found in concurrent findings of lower
courts.
Conviction for rape and
murder of minor set aside due to tainted investigation, unreliable evidence,
and procedural lapses; accused acquitted.
Where prosecutrixs
testimony was inconsistent and doubtful, conviction for rape was set aside;
court cautioned against presuming truth of oral evidence without scrutiny.
Conviction upheld-Minor
discrepancies in victims testimony do not affect prosecution case when evidence
is cogent and corroborated.
Conviction under
Section 376 IPC unsustainable where victims testimony is doubtful, lacks
corroboration, and fails to inspire confidence; benefit of doubt extended.
Where criminal
proceedings were found to be false, frivolous, and initiated with ulterior
motive to deprive applicant of retirement benefits, issuance of process quashed
under Section 482 CrPC.
Proceedings under IPC,
Arms Act, and Maharashtra Police Act quashed in view of amicable settlement
between husband and wife seeking reunion.
Proceedings under
Sections 498A, 504, 506, 323, 294 IPC quashed in view of amicable settlement
and mutual consent for divorce.
Consensual relationship
turning sour does not constitute false promise to marry; proceedings under
Sections 376, 376(2)(n), 377, 504 and 506 IPC quashed.
Proceeding under
Section 306 IPC quashed where denial of marriage without active instigation or
provocation does not amount to abetment of suicide.
FIR quashed where allegations under Sections 498A,
506, and 34 IPC were vague and lacked specific instigation details; legal
prerequisites not satisfied.
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