Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n) -- Bail - Rape - On the pretext of marriage - Prosecutrix was aware that accused became acquainted with and got close to another lady with whom he is now engaged to marry - She stated that accused had conveyed to her that he does not intend to marry anyone - Prosecutrix also stated that..........
Criminal Procedure Code, 1973, Section 231 -- Examination of prosecution witness - Dismissal of application - Offence u/s 109 IPC and Ss.13(1)(e), 13(2) PC Act - Accused wants to put questions with regard to contents of documents which cannot be permitted as the same is to be seen and appreciated by trial Court at time of final arguments as PW40 is not the person who..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - PWs 4 & 5 stated that when they were playing in front of house of deceased, she was washing cloths and subsequently by 10 am went inside and closed doors - There was no one in the house at the relevant time except deceased - Door was forced open to get deceased out and she was laid in the..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence shows that deceased died of ante mortem burn injuries and contusions were also found on her dead body - Accused failed to prove that he was in field at the time of incident - Statement of accused that deceased caught fire accidentally while cooking food is not found reliable - Deceased and..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Catching hold of hand of victim who did not know about any intention or object of accused in catching hold of her hand - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Case of direct evidence that eye witnesses saw the occurrence - Hence, this is not the fact which was in special knowledge of accused - S.106 of Evidence Act has no applicability in the case...........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses turned hostile - Other witnesses are formal witnesses and their evidence is not incriminating against accused - Motive of crime not proved - Recovery of weapon of offence is also very doubtful and makes prosecution case highly suspicious - Other co-accused persons with similar role on basis of same evidence..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death of deceased caused by accused was not premeditated - However, intention has to be inferred as injuries were sufficient in the ordinary course of nature to have caused death - Offence committed by accused thus, falls u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 376, 382 -- Rape - Quashing of proceedings - Prosecutrix and her husband do not wish to continue with proceedings in order to remove matrimonial hardship between prosecutrix and her husband - There is no likelihood of conviction of accused in trial as prosecutrix turned hostile - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
