Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Evidence of a rape victim is to be treated at par with that of an injured witness - Version of victim ought not to be discarded lightly on minor contradictions or inconsistencies - However, if evidence of victim is so inherently improbable and opposed to normal human conduct it may not be prudent to rely on her..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Plea of false implication of accused on the ground that they had advanced a loan of Rs.10,000/- to PW2, husband of victim during their marriage is not probablised by defence - Such suggestion was squarely refuted by PW and no independent evidence was led by defence to probabilise such plea - Plea rejected...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Delay in lodging FIR - Gang rape - FIR lodged after delay of 14 days - Incident was narrated to police and panchayat members - However, none of said functionaries considered it necessary to forthwith set law into motion - Only medical officers noted incident of gang rape in hospital..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Absence of injuries on person of victim - Accused pinned victim to ground and raped her one after another - Thereafter one of them poured liquor into her mouth and forced her to drink it - Manner in which victim was assaulted leaves no doubt that she was a helpless victim in the hands of her powerful predators and..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Accused allured victim to a deserted field, they pushed her to ground and committed gang rape upon her - They even poured liquor in her mouth - Thereafter, accused left her at the spot - Victim somehow dragged herself near unconscious body of her husband and exhausted by trauma fell unconscious - Later on father of..........
Indian Penal Code, 1860, Section 302 -- Murder - Property dispute between parties - Case rests on three eye witnesses - Court discarded the testimonies of three eye witnesses on the ground that they were not reliable, though facts of case shows that they had better motive to get rid of deceased - These eye witnesses had filed a civil suit against deceased for her..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death by burning - Accused admitted that at the time of occurrence he was present in the house where deceased died - But he failed to explain how his wife has caught fire and died - False explanation of accused in his examination u/s 313 Cr.P.C would provide missing link..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Nature of offence - Bomb Blast - Accused assaulted PW6 prior to hurling of bombs at his family - Deceased died due to bomb injury at the time when family of PW6 were returning from place where assault on PW6 occurred - Act of hurling bombs was in very close..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Offence u/ss 304(Part II), 148, 149 IPC and S.9-B(2) of Explosives Act - Offence were committed about four decades back - Accused at present are of advanced age - Sentence of accused u/s 304(Part II) IPC modified to R.I of 5 years with enhancement of fine of Rs.50,000 in respect..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, 27 -- Murder - Gunshot injury - Recovery of single barrel gun with cartridge from house of `L', licence holder - Report of forensic lab only shows that such gun was used in commission of crime, but prosecution failed to establish which of accused had actually used gun - Gun recovered on disclosure..........
