Indian Penal Code, 1860, Section 376, 506 -- Rape - Reduction of sentence - Accused 24 years of age at the time of commission of offence and has no other case against him - Sentence imposed is life imprisonment and not to be released from jail till death - Sentence appears to be on higher side - Sentence reduced to 15 years actual custody period excluding parole etc...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154 -- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing..........
Indian Penal Code, 1860, Section 376, 506, Evidence Act, 1872, Section 3 -- Rape - Conviction - Testimony of prosecutrix - Prosecutrix appeared to be mentally deranged minor - Medical examination concluded her a mild retardation - Thereafter, Court also questioned her and on being satisfied about her fitness to comprehend, understand and respond, proceeded to record her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband with help of his friends - Circumstantial evidence - Defence story set up by A1 that he gave lift to three unknown persons in car who robbed them and committed murder of his wife which is not probable, as priest of both families stated that A1 was in company of A2 and A3 before occurrence -..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Admittedly, accused stabbed to death his concubine by using knife - There is consistency in evidence of PWs and findings recorded by surgeon - Even, post-mortem report reveals injuries on deceased - Thus, in absence of any evidence to contrary, post-mortem report can..........
