Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Recovery of dead body of deceased - Dead body recovered in decomposed state with one leg missing in agricultural farm - PW1/father of deceased not testified that he had identified dead body found in agricultural farm was..........
Indian Penal Code, 1860, Section 376, 451, Evidence Act, 1872, Section 114A -- Rape - Absence of consent - Presumption as to - Victim stated that accused had gagged and forcibly undressed her to have sexual intercourse and when she cried he threatened to kill her and then gave assurance to marry her - Factum of incident gets support of her disclosure before her mother and..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Reduction of sentence - Accused was 24 years old at the time of incident and a boy of poverty stricken - He already spent 6 years in jail and his poverty condition should be considered as a special ground to reduce sentence already undergone - Keeping accused for 1 year more in jail custody would not affect interest of..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - Deceased stated in her dying declaration that she was put on fire after pouring kerosene oil is corroborated by FSL report, MLC of deceased and Post mortem report - Further, dying declaration corroborated by statements of PWs - Merely because..........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - 85% burn injuries - Deceased last resided with accused persons in her matrimonial home - Deceased was admitted in hospital by her brother and not by accused, as they absconded from place of incident - Statements of PWs and dying declaration indicates that she was taunted,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
