Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Entrustment and misappropriation - Once entrustment is proved by prosecution, onus shifts on accused to show that entrustment was duly accounted for and that there was no misappropriation...........
Prevention of Corruption Act, 1988, Section 5(2), 5(1)(c), Indian Penal Code, 1860, Section 409 -- Misappropriation of money - Allegation that accused while working as a Sales Assistant in Sale center misappropriated the sum of Rs.14,000 - However, defence plea of accused that he duly deposited the said amount - Defence plea remained admitted by prosecution that accused..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Conviction based on circumstantial evidence - Deceased was missing from 21.1.95 - No explanation was given by wife for delay in lodging FIR of her missing husband - Three other persons were named without suspecting accused - No occasion to invoke last seen theory - Prosecution fails to..........
Indian Penal Code, 1860, Section 325 -- Appeal against acquittal - Complainant's version is full of contradictions and other eye witness has differentiated himself on vital aspects coupled with fact that PW5 is related to complainant but has not supported complainant's version - Delay in lodging of FIR not explained - Prosecution story is uncorroborated by witness and not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 323, 325, 341, 34 -- Additional accused - Summoning by way of warrant of arrest - Additional accused summoned after considering evidence produced by prosecution during trial and role attributed to the petitioner in the incident - A person accused of an offence of a heinous nature can be..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 482 -- Order framing charge u/s 201 IPC - Sufficient material to indicate that applicants had some knowledge as well as reason to believe commission of offence - It was therefore their duty to furnish this information to authorities - However, whether applicants did so or not or whether they did..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Death caused due to ante mortem injuries - There were 30 incise wounds on the dead body of deceased - Weapons used in commission of offence not recovered - Injuries sustained by deceased are not linked with weapons used by accused - Neither any pellets nor any gun or any incriminating material found from accused -..........
Indian Penal Code, 1860, Section 376 -- Rape - Solitary statement of prosecutrix is sufficient to hold the accused guilty but quality of such solitary statement should be such which inspires confidence - It should be absolutely trustworthy, unblemished and of sterling quality...........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of 9 years old minor girl - There is no allegation of rape either in FIR or in statement of prosecutrix and her mother - Prosecutrix stated about rape for the first time after one month of incident in her statement recorded u/s 164 Cr.P.C. - Medical evidence not supporting prosecution case, as there is no injury found..........
Indian Penal Code, 1860, Section 376, 511 -- Rape of 8 years old minor girl - Testimony of prosecutrix and eye-witness highly inconsistent with prosecution story and other witnesses - There is no medical evidence on record that rape was committed - Prosecution produced five witnesses but not a single witness is trustworthy - In fact even formal witnesses are full of..........
