Indian Penal Code, 1860, Section 302, 34 -- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of two witnesses wholly unacceptable..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of incriminating articles - Cannot be considered as ground for proving guilt of accused in absence of any other material...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were not seen together near place of occurrence - Time gap between accused and deceased seen together is not so small to rule out possibility of any other person being with deceased - Moreover, in absence of ocular evidence connecting accused with crime, it..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive not proved on record - Evidence of prosecution infested with infirmity - Prosecution has not placed any reliable material to connect accused with commission of crime - Evidence attempted to establish nexus between accused and crime is deficient - Prosecution failed to establish case beyond..........
Indian Penal Code, 1860, Section 363, 366A, 376D, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Statement of prosecutrix - No evidence on record to prove that prosecutrix was minor on the date of incident - Prosecutrix in her previous statements exonerated accused and rather stated consensual relations with accused - However,..........
Indian Penal Code, 1860, Section 302, 34 -- 14 to 15 injuries - Evidence of doctor that all the injuries cumulatively sufficient in the ordinary course of nature to cause death - Opinion of doctor will prevail as to whether injuries sustained by deceased are sufficient to cause death in the ordinary course of nature or not - Case falls within four corner of clause thirdly..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of Appellate Court: (i) Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which an order of acquittal is founded: (ii) Cr.P.C. puts no limitation, restriction or condition on exercise of such powers and; (iii) Appellate court on the evidence before it may..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/s 409 IPC - Not only documentary evidence but also evidence of PW6 substantiates allegations against petitioner - Even, materials collected during course of investigation corroborate evidence of PW6 recorded during trial - Thus, there is sufficient grounds for proceeding against..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her..........
Indian Penal Code, 1860, Section 362, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Prosecutrix prima facie minor at the time of incident - Consent of prosecutrix therefore, immaterial - Prosecutrix herself stated in her statement that she gave birth to a child from accused - No ground made for quashing FIR - Petition for quashing..........
