Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Rape of 12 years old girl by her own father - Accused without considering age and relationship of prosecutrix committed rape upon her under intoxication and threatened her to life - Prosecutrix is a child witness and entire evidence of..........
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased was last seen in company of accused - Accused and deceased both went together to a liquor shop to purchase bottle of whisky - Finger prints of accused on whisky bottle and glass and other seized articles at the scene of occurrence were found by Expert - Recovery of all seized articles..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at spur of moment in sudden fight in heat of passion, when accused started making boundary in agricultural field of deceased - Incident started by accused and not by complainant party - Head injury caused by accused in heat of passion without any intention, but certainly with..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Last seen theory - Accused and both the deceased were last seen together - Although there is time gap between when quarrel involving two deceased and three co-accused took place and the time of deaths, but in the absence of evidence which would probablise the presence of either of..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Prosecution proved the circumstances beyond reasonable doubt viz. (i) presence of accused outside house of deceased as proved by PW16; (ii) quarrel that took place in park between accused and deceased as spoken to by PW9 and PW12; (iii) homicidal death of both the deceased; (iv) accused..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Modification of sentence - Accused sentenced to R.I for life along with fine of Rs.2 lakhs - Imprisonment of life is itself a severe punishment, it should not be combined with a heavy fine - Sentence held, modified for life imprisonment with fine of Rs.5000 on each account and upon failure to pay fine, to undergo..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Offence u/ss 420, 120-B IPC and Ss.8, 13(2), 13(1)(d) PC Act - Accused committed offence u/s 8 of PC Act which is punishable with imprisonment for term which may extend to 5 years with fine, in such cases bail..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder - Initially case was registered u/s 324 IPC and where after injured were referred for medical treatment - Deceased died after 4 days of incident on account of unhygienic medical treatment - Persons who came on spot and saved injured not examined by prosecution - Weapon of assault recovered from open..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Complainant not witnessed the occurrence - He believed whatever eye witness PW2 informed him - However, conduct and statements of PW2/eye witness do not inspire confidence - PW3 another eye witness, wife of deceased though stated to be in shock and not in consciousness for about a month - But no medical evidence produced..........