Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Where robbery and murder are so connected as to form parts of same transaction, recent and unexplained possession of stolen property will not only be presumptive evidence against accused on charge of robbery but also on charge of murder...........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Deceased was murdered and in same transaction her ornaments were stolen - Some other gold ornaments and cash were also stolen away - Evidence shows that accused pledged those gold ornaments with Bankers - Owner and employees of Bankers identified accused as person who pledged gold ornaments - Accused denied..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Accused pleaded that no, production of articles found in purse would make recovery under seizure mahazar suspicious - Details with respect to photo, diary and other papers found in purse were mentioned in mahazar - Non-production of those articles, which are insignificant, would not make prosecution case..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Sentence - Rarest of rare case - Accused committed murder of woman for committing robbery and husband was seriously injured and accused committed an offence u/S.307 of IPC against husband - Offences was committed in preplanned manner - Gold ornaments belongs to deceased and her husband were pledged by..........
Indian Penal Code, 1860, Section 323, 498A -- Charge framed u/s 498-A IPC - Charge not proved - However, accused convicted u/s 323 IPC - Main ingredient of both provisions is voluntarily causing hurt - Offence u/s 323 is minor as compared to S.498-A IPC - Evidence establishing offence u/s 323 IPC - Conviction is proper...........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506 -- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of minor girl aged 9 years by her uncle - Delay in reporting the matter to police - Not fatal where prosecutrix was threatened not to disclose the incident to anybody, more particularly, a nine year old child after undergoing traumatic experience and inflicted with threats, would be frozen with fear and she could not..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of minor girl aged 9 years by her uncle - Prosecutrix raised screams but her mouth was gagged - She remained confined in the room for about 9-10 minutes - Said confinement was insignificant and not noticed by other family members - Doctor who examined prosecutrix stated that she was sexually assaulted forcibly about..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
