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INDIAN PENAL CODE, 1860 PDF
INDIAN PENAL CODE, 1860 IPC — Ss 417 & 506 Pt- I — Conviction under — sexual intercourse on false pretext of marrying — Allegation of — FIR, testimony of prosecutrix & MLC — clearly indicate that the story of prosecutrix regarding sexual intercourse on false pretext of marrying her is concocted & not believable — the act seems to be consensual in nature — fraudulent or dishonest inducement or criminal intimidation not proved —Acquittal — IPC — S 376. PDF
INDIAN PENAL CODE, 1860 IPC — S 171F — Punishment for undue influence or personation at an election — Whoever commits the offence of undue influence or personation at an election — shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. PDF
INDIAN PENAL CODE, 1860 Interpretation of Statute — IPC — S 171F — Construction of term — "undue influence" — an offence of undue will be held to have been committed — if the elector, having made up his mind to caste a vote for a particular candidate — does not do so because of the act of the offender — and this case only be if he is under a threat or fear of some adverse consequence — Whenever any threat of adverse consequence is given — it tend to divert the elector from freely exercising his electoral right by voting for the candidate chosen by him for the purpose. PDF
INDIAN PENAL CODE, 1860 IPC — Ss 302 & 498-A r/w 34— CrPC — S 378 —Appeal against Acquittal — Two pivotal evidence i.e. dying declaration & the letters wriiten by deceased — not proved — Held, High Court rightly pointed out the lacunae in the shabby investigation of the case — Acquittal upheld. PDF
INDIAN PENAL CODE, 1860 IPC — S 307 — Evidence of prosecution — the co-accused had thrown a crowbar towards the PW for escaping from his clutches —Held, cannot be said to have been done with the intention requisite to make that act an offence punishable u/s 307 — Nature of injury — on the knee & extremely minor in nature — Medical Evidence — the injury could be caused by a fall from the moving bike — co-accused was physically apprehended by two PWs — Held, the theory of Prosecution doubtful — Act attributed only to the co-accused & not to the present appellant —no charge that the same was abetted by the appellant — and/or that the said act was done in furtherance of the common intention of the appellant and the said co-accused —Acquittal 307. PDF
INDIAN PENAL CODE, 1860 IPC — S 457 r/w 511 — Conviction by trial Court u/ss 457 simplicitor & 511 simplicitor —the appellant was found and apprehended while making an attempt to open a shutter of a shop —Held, the offence would be one punishable u/s 457 r/w 511 —trial Judge could not have convicted the appellant separately u/ss 457 simplicitor & 511 simplicitor. PDF
INDIAN PENAL CODE, 1860 IPC — S 415— Cheating—Whoever, by deceiving any person, fraudulently or dishonestly — induces the person so deceived to deliver any property to any person— or to consent that any person shall retain any property— or intentionally induces the person so deceived to do — or omit to do anything which he would not do — or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property— is said to “cheat”. PDF
INDIAN PENAL CODE, 1860 IPC — S 415— Cheating.— Essential ingredients — (i) there should be fraudulent or dishonest inducement of a person by deceiving him; — (ii)(a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or—(b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and — (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property— Ram Jas v.State of U.P. — relied. PDF
INDIAN PENAL CODE, 1860 IPC — S 503— Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested— with intent to cause alarm to that person— or to cause that person to do any act which he is not legally bound to do— or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. PDF