Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Determination of age of prosecutrix - Evidence of father and mother of prosecutrix along with prosecutrix herself discloses that victim was minor at the time of incident - Other than these witnesses, none of witnesses suggested that prosecutrix was major - There remains no controversy with regard..........
Indian Penal Code, 1860, Section 366A -- Procuration of minor girl - Accused `R' was himself one of kidnappers who later on indulged himself in sexually exploiting prosecutrix, where upon he could not be found guilty for an offence punishable u/s 366-A IPC - Conviction of Accused `R' u/s 366-A IPC thus, set aside, maintaining his conviction and sentence relating to Ss.363,..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Prosecutrix aged 12 years kidnapped and raped by accused - Doctor who examined prosecutrix categorically opined that she was sexually exploited - Presence of accused `V' and `M' accompanied with main accused `R' established on record - Conviction of these accused thus maintained - As regarding..........
Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Deceased an unskilled labour deployed for cleaning purposes received injuries by electric current - Accused being I, charge of shift was required to oversee deployment of skilled labour apart from fact that safety measures were not in place to avoid any accident - Onus is on accused as being..........
Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Reduction of sentence - Accused facing rigours of prosecution since 1994 and is of almost 70 years of age at present - Considering long pendency of case, accused deserves some leniency with respect to sentence imposed upon him - Sentence of accused modified to period already undergone by him...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 323, 341, 34 -- Quashing of FIR - Offence u/ss 324, 323, 341, 34 IPC - Compromise arrived at between parties in presence of respectable people of village - Alleged offences are not heinous offences showing extreme depravity nor they are against society - They are offences of personal..........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34 -- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in spur of moment without any premeditation - Entire incident occurred within family in fit of rage - Deceased died due to single shot of accused - Row erupted suddenly between women of family in which accused got involved - Accused not a criminal and he acted in heat of passion -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Demand and acceptance of Rs.800 from complainant - Vital ingredients i.e demand, acceptance and recovery are proved from the evidence of PW1 and PW2, which is in conformity with each other and getting due corroboration from contemporaneous..........
