1. Ashok Vishnu Davare VS State of Maharashtra - 10 Feb 04

Important pointWhen there are glaring improvements and contradictions in evidence which materially affect creditworthiness of prosecution case, charge against accused could not be said proved.

letters, got written by deceased, from PW4 did not contain any fact of torture and harassment on account of demand of money—Glaring improvements ... reference to the evidence of PW-6, the nephew of the deceased, the learned counsel submitted that his evidence is also full of material ... As noted above, to bring these ingredients of the two sections with which the appellant was charged, the prosecution relies on the ... the monetary demand made by him as to hold him guilty of an offence punishable under section 498A IPC.

India - Crimes

2. Ashok Vishnu Davare VS State Of Maharashtra - 02 Oct 04

When there are glaring improvements and contradictions in evidence which materially affect creditworthiness of prosecution case, charge against accused could not be said proved.

letters, got written by deceased, from PW4 did not contain any fact of torture and harassment on account of demand of money-Glaring improvements ... Therefore, this part of the evidence of PW-3 becomes an improvement. ... reference to the evidence of PW-6, the nephew of the deceased, the learned counsel submitted that his evidence is also full of material ... The prosecution evidence in this regard, according to learned counsel, has failed to establish the required ingredients of sections

India - Supreme Court

3. S. P. S. Rathore VS Central Bureau of Investigation - 01 Sep 10

Ruchika's Molestation case--Conviction maintained--Sentenced enhanced from 6 months to 1 year and 6 months confirmed.Molestation--Consent--When a female is being held physically, by force and without her consent, offence of molestation is complete--Absence of consent itself presupposes fear and/ or annoyance on part of person so held.Molestation--Ingredients--Explained.Molestation--When allegations are pertaining to an act of physical molestation, analogy that whether same could have been attempted by a sane man is of no relevance.

eye witness and has rightly shown a wall at point X--In face of site plan and testimony of eye witness who has been believed in material ... of consent itself presupposes fear and/ or annoyance on part of person so held--On Facts--Testimony of lone eye witness is very material ... --For constituting an act of molestation following ingredients are required: ... ... of the offence of molestation are lacking. ... Further, in this regard two alleged improvements need discussion since they are material to the ... ingredients of section 354 IPC are present in the act of petitioner physically holding the minor victim i.e.

India - Punjab

4. Deepak Agrawal @ Deepu VS State of Odisha - 04 Oct 21

Food adulteration - Bail granted - Mere possession or storage of noxious food or drink would not attract the ingredients of offence under section 273 of the Indian Penal Code, unless it is sold or offered or exposed for sale having knowledge or reason to believe that food or drink has become noxious.

as 'non-edible' and 'not for human consumption' and for puja use only' written boldly on the labels, therefore, the prima facie ingredients ... of offences under sections 272 and 273 of the Indian Penal Code are lacking. ... An article of food shall be deemed to be 'sub-standard' under section 3(1)(zx) of 2006 Act, if it does not meet the unsafe - Noxious ... In order to attract the ingredients of offence under section 272 of the Indian Penal Code ... Yasobanta Das, learned Senior Advocate appearing for the petitioner contended that the ingredients of none of the offences alleged ... period and in such a case, the Designated Officer shall not refuse to issue a license but may, if he considers necessary, issue an improvement

India - Orissa

5. BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI VS STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 16 Oct 21

Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 CrPC is to prevent the abuse of process of any court or otherwise to secure the ends of justice

penal Code,1860 - Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 - Constitution of India ,1950 - Articles 226 and 227 – Offence ... : On meticulous consideration of all pleadings objections and the arguments advanced by learned Counsel for parties as well as material ... Accused have colluded with accused persons by receiving gratification in order to dilute the investigation and there are abundant material ... Subba Rao, J. in Patna Improvement ... of the offence/offences alleged. ... Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients

India - Karnataka

6. Basavaraj Shivappa Muttagi S/o Shivappa Muttagi VS State of Karnataka, through Additional Chief Secretary, Home Department - 16 Oct 21

It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of the offence/offences alleged.

and 20 have colluded with accused persons by receiving gratification in order to dilute the investigation and there are abundant material ... Special Police Establishment Act, 1946, to conduct further investigation with respect to Crime registered with Sub-Urban P S, for offence ... criminal cases in P S, one criminal case in P S2 criminal cases in New Town P S and four criminal cases in City P S for various offences ... Subba Rao, J. in Patna Improvement ... of the offence/offences alleged. ... Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients

India - Karnataka

7. Belsund Sugar Co. LTD. VS State Of Bihar - 10 Aug 99

Important Points1. Provision of Section 15 of the Bihar Agricultural Markets Act are in direct conflict with Sugarcane Act; entire Machinery of Markets Act cannot apply to transactions of purchase of sugarcane and sale of sugar and molasses by sugar fac­tories functioning in area of Market Committee.2. Wheat is a produce of agriculture, therefore, any product resulting after processing such basic raw material or which results after process of manufacture is carried on qua such basic raw material would remain agricultural produce within meaning of Section 2(1)(a) of the Bihar Agricultur­al Markets Act and as such levy of market fee on transaction purchase of wheat and sale and purchase of atta, suzi, maida, bran etc. by flour mills is valid.3. All vegetable oils are treated to be ‘agricultural produce’ as per serial No. 4 of the schedule framed under Section 2(1)(a) of the Bihar Agricultural Market Act; oil manufactured by the oil mills functioning within the areas of the Market Committees concerned by crushing oil-seeds which are undisputedly agricultural produce and subjecting them to manufacturing process cannot be said to be outside the sweep of the regulatory provisions of the Market Act.4. If rice milling industries located and functioning in the market area purchase within the market area, raw material paddy, whether grown in the market area concerned or outside, then such purchases within the market area will at­tract the regulatory provisions of the Bihar Agricultural Market Act.5. Rice manufactured out of basic agricultural produce ‘paddy’ would also remain agricultural produce falling within the sweep of the definition of Section 2(1)(a) of the Bihar Agricultural Markets Act;6. Entire machinery of the Market Act will be applicable to regulate transac­tions of sale and purchase of paddy by the rice mills within the market area as well as sale of rice by them within that area as all these transactions will have to take place in the market yard or sub-market yards as per Section 15 of the Act; rice mills cannot, however, be compelled to shift the loca­tion of the rice mills to any market yard.7. Tinned baby food containing various ingredients which may include some milk facts or protein though in powder form cannot be said to be milk powder simpliciter or whole milk not in liquid form, and as such infact food cannot be treated as agricultural produce as part and parcell of animal husbandry products within the meaning of Section 2(1)(a) of the Bihar Agricultural Produce Markets Act.8. Even if an agricultural produce ini­tially is not grown in the market area and it is brought in manufac­tured form within the market area for sale, such sale transaction in connection with such a produce would be covered by the Bihar Agricultural Produce Market Act.9. Insertion of Tea (leaf and dust) in Schedule to the Bihar Agricultural Markets Act by the State Legislature is valid and blended tea brought in sealed packets for sale in Bihar State is liable to market fee notwithstanding the fact that tea was purchased and proc­essed outside Bihar.

“(i) the acquisition of a site or site for the market; (ii) the maintenance and improvement

India - Supreme Court

8. Md. Abdul Mannan, S/o. Late Abdul Khalik VS State of Assam - 23 Dec 21

Exaggerations per se do not render the evidence britle. But it can be one of the factors to test the credibility of the prosecution version, when entire evidence is put in a crucible for being tested on the touchstone of credibility. Mere marginal variations in the statements cannot be dubbed as improvements as the same may be elaborations of the statement made by the witness earlier.

was committed -or he knew was likely to be committed by any other person, he would be guilty of that offence. ... facts and circumstances of a given case that he shared the common object of the unlawful assembly in furtherance of which some offence ... Once the case of a person falls within the ingredients of the section ... 324 IPC at that time was made out and such offence is a cognizable offence. ... guilty of that offence.

India - Gauhati

9. Madhav Dhondiba Wadwale VS State of Maharashtra, Through the Secretary Home Department - 06 Jan 22

The intention or knowledge of accused must be such as is necessary (to) constitute' murder. Without this ingredient being established, there can be no offence of "attempt to murder". Under s. 307 the intention precedes the act attributed to accused.

Learned counsel for the appellant Madhav submits that evidence of P.W.2 Savita (victim) is totally by way of improvement

India - Bombay

10. Nanak Ram VS State of Rajasthan - 26 Feb 14

Ingredients of section 304 Part I IPC discussed.

304 Part I – Death caused by acts of accused with intention to cause such bodily injury as likely to cause death – Offence ... the conviction under Section 302 r/w Section 149 IPC and instead convicted him for offence ... challenged the complete acquittal of Chuna Ram and the acquittal of accused persons Sadula Ram, Mohan Ram and Gordhan Ram for the offences ... The testimonies of PW2 Mangi Lal, PW6 Dhuri, PW11 Balu Ram are natural cogent and in all material particulars corroborated the testimony ... Shivji Ram was fatal and the other injuries were only minor injuries, and the Courts below have failed to appreciate that there are material ... under Section 302, 307, 323 and 324 all read with Section 149 IPC and also the offence under Section 147 and 148 IPC.

India - Supreme Court