Topic Details Topics Headnote Judgement INDIAN PENAL CODE, 1860 . PDF INDIAN PENAL CODE, 1860 IPC — S 34 — Scope & Application — To rope in a person with the aid of Sec. 34 — the prosecution has to prove that the criminal act was done by the actual participation of more than one person — & that act was done in furtherance of a common intention of all engaged in prior concert. (Para 16) PDF INDIAN PENAL CODE, 1860 IPC — Ss 34, 147, 148, 302/149 & 302 — Allegation of firing of bullet — related witnesses — Contradiction in the evidence of PWs as to firing by accused — No bullets or bullet marks found at the site— no bullet injury — no weapon recovered — Besnefit of doubt . (Para 28, 29, 31) PDF INDIAN PENAL CODE, 1860 IPC — S 90 — Consent — While Section 90 does not define the term "consent" — a "consent" based on a "misconception of fact" is not consent in the eyes of the law. (Para 10) PDF INDIAN PENAL CODE, 1860 IPC — Ss 90, 375, 376, 417, 504 & 506(2)— Sexual intercourse by making false promise of marriage — FIR — does not indicate that the promise by the appellant was false — or that the complainant engaged in sexual relations on the basis of this promise — no allegation in the FIR that when the appellant promised to marry the complainant, it was done in bad faith or with the intention to deceive her — The appellant's failure in 2016 to fulfil his promise made in 2008 cannot be construed to mean the promise itself was false. (Para 20) PDF INDIAN PENAL CODE, 1860 IPC — Ss 302, 201 r/w 34 —Circumstantial evidence —case based on —Most of the prosecution witnesses declared hostile — evidence of witnesses suffer from serious material contradictions — Held, the prosecution has failed to complete the chain of events — Acquittal. (Para 9 & 14) PDF INDIAN PENAL CODE, 1860 IPC — S 307 — Offence under — Establishing of — It is trite that hypothetically, consequence is immaterial & it is to be ascertained from all the attending facts & circumstances as to whether the accused was holding sufficient intention or knowledge of committing murder — Certainly the consequence is also important but such intention & knowledge has to be gathered from all the attending circumstances. (Para 17) PDF INDIAN PENAL CODE, 1860 IPC — S 307 — Sword blow in the head with the blunt side — Medical evidence— presence of cerebral edema — testimony of the doctor— injury was likely to cause death — Held, One cannot conclusively ascertain as to the force used while giving the blow on the head — one cannot conclude that the injury was so severe that in all probabilities it could have caused death. (Para 18) PDF INDIAN PENAL CODE, 1860 IPC — Ss 307 & 324 — Conviction u/s 307 by trial Court — Sword blow on head — Corroborated by witnesses & Medical evidence — deposition of medical officer — injury sustained by the victim was likely to cause death — No previous enmity —Incident occurred on the spur of the moment — mutual fight — Counter FIRs — blade of sword was not used, injury was inflicted from blunt side — Intention of the accused — Held, If at all the accused was intending to kill the victim, he would have certainly used the sharp edge of the sword instead of a blunt portion — Creates a reasonable doubt as to the intention & knowledge on the part of accused — Conviction altered to s 324, IPC—Evidence Act — S 3. (Para 17 & 18) PDF INDIAN PENAL CODE, 1860 IPC — S 375 — Scope & application —Where a woman does not "consent" to the sexual acts described in the main body of Section 375— the offence of rape has occurred. (Para 10) PDF INDIAN PENAL CODE, 1860 IPC — S 375 — Vitiated consent — Where the promise to marry is false & the intention of the maker at the time of making the promise itself was not to abide by it — but to deceive the woman to convince her to engage in sexual relations — there is a "misconception of fact" that vitiates the woman's "consent". (Para 16) PDF INDIAN PENAL CODE, 1860 IPC — S 375 — Vitiated "consent" — the consent of a woman is vitiated on the ground of a "misconception of fact" — where such misconception was the basis for her choosing to engage in the said act. (Para 16) PDF INDIAN PENAL CODE, 1860 IPC — S 375 — Vitiated consent — Standard of proof — To establish vitiated "consent" by a "misconception of fact" arising out of a promise to marry — two propositions must be established — (i) The promise of marriage must have been a false promise, given in bad faith & with no intention of being adhered to at the time it was given — (ii) The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act. (Para 18) PDF INDIAN PENAL CODE, 1860 IPC — S 375 — Sexual intercourse by making false promise of marriage — Knowledge to the victim girl — She was aware that there existed obstacles to marrying the appellant — continued to engage in sexual relations long after their getting married had become a disputed matter — belie the case that she was deceived by the appellant's promise of marriage — Held, no offence under Section 375 of the IPC has occurred. (Para 20) PDF INDIAN PENAL CODE, 1860 IPC — S 376 — Rape case — Conduct of prosecutrix — She states that she told the accused to drop her at her maternal aunt place & the accused obliged— Both the victim and the accused are residents of same place — Held, why would the victim ask the accused to drop her at her maternal aunt's place & not at her village, is left unexplained— fatal to prosecution. (Para 13) PDF INDIAN PENAL CODE, 1860 IPC — S 376 — Rape case — Standard of proof — Evidence of rape victim vis-à-vis corroboration — requirement of corroboration — Held, the evidence of the victim is not of such sterling quality as would obviate the need to seek corroboration or assurance. (Para 14) PDF INDIAN PENAL CODE, 1860 IPC — S 376 — Rape case — Conduct of prosecutrix — Victim traveled on the motorcycle of the accused for around three hours — Admission by prosecutrix — there was ample opportunity to escape & to alert the people on way — explanation that she was issued threats & the improvised version that she was administered intoxicating pills — no reference of pills in the statement recorded during the investigation— Held, the conduct of the victim is unnatural—fatal to prosecution. (Para 14) PDF INDIAN PENAL CODE, 1860 IPC — S 376(2)(b) — Rape case — Medical evidence — no forcible sexual intercourse. — victim was not under intoxication due to alcohol or drug— hymen can tear due to reasons other than rape— no evidence of any obvious external injury was found— age of the hymen tear is not recorded in the certificate— Held, medical evidence is of no assistance to the prosecution and is of no corroborative value — Evidence of victim —not at all confidence inspiring — lingering doubt regarding sexual intercourse— at any rate the sexual intercourse is consensual — evidence of the victim is marred by embellishments — attempt to evade the questions in the crossexamination and to avoid answering the probing questions— The evidence in the Court is inconsistent with the first information report — Held, the evidence of the victim is not of such sterling quality as would obviate the need to seek corroboration or assurance—the alternate defence theory that the sex was consensual credible — Acquittal. (Para 9, 14 & 16) PDF INDIAN PENAL CODE, 1860 IPC — S 417 — Cheating — a breach of a promise cannot be said to be a false promise. (Para 16) PDF INDIAN PENAL CODE, 1860 IPC — S 417 — Cheating — False promise — establishing of — To establish a false promise, the maker of the promise should have had no intention of upholding his word at the time of giving it. (Para 16) PDF