Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused had the connectivity with deceased on his mobile at the material time on material date - Deceased was found in company of accused in same car by PW5 and PW6 - Driving license of accused was found near dead body of deceased - Dead body of deceased was identified by PW10 and accused having been found dealing with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), Indian Penal Code, 1860, Section 506 -- Offence u/s 3(2)(va) of SC/ST Act - S.506 IPC is an offence included in Schedule of the SC/ST Act, therefore, commission of offence u/s 506 IPC would attract an offence u/s 3(2)(va) of SC/ST Act...........
Indian Penal Code, 1860, Section 504, 506 -- Offence u/ss 504, 506 IPC - Incident took place between son of injured/PW2 and accused - Witnesses of fact not supported story of prosecution - Findings of appellate Court acquitting accused is not perverse as same are basically based on statement of PW2 who is son of injured - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Demand towards share in agricultural land or monetary relief from father - Demand cannot be said to be made with the intention of driving father to commit suicide...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide after five days of suicide note - No proximate link between suicide note recording harassment allegedly at the behest of petitioner and the extreme step taken by deceased - FIR and charge sheet qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Triple murder case - Burden of proof - Facts within special knowledge of appellant were required to be clarified by them - Onus that shifted to appellant u/s 106 Evidence Act not discharged - No error in judgment of conviction...........
