Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354 -- Death sentence - Delay in execution - Held, prolonged delay in execution of death sentence by itself gives rise to mental suffering and agony which renders subsequent execution of death sentence inhuman and barbaric - Convict is not under a legal obligation to produce evidence of their..........
Indian Penal Code, 1860, Section 354, 376, 511 -- Outraging the modesty of woman - Revision/appeal against acquittal - Powers of High Court to reassess the evidence and to reach its own conclusions are as extensive as in an appeal/revision against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to the views of the..........
Indian Penal Code, 1860, Section 376, 354, 323 -- Rape - Conviction set aside on the grounds : (i) Strained relationship between husband of prosecutrix and appellant; (ii) Place of alleged occurrence is located in a congested neighbourhood; (iii) Prosecutrix was not heeded by nearby shopkeeper as well as local police at the first instance; (iv) None of her relatives had..........
Indian Penal Code, 1860, Section 354, 377 -- Evidence of victim - Alleged occurrence had taken place on 08.05.1998 and victim was examined by PW11 on 18.05.1998 i.e. after ten days of alleged occurrence - PW11 did not find any injury on person of victim - Held, even if no sign of rape or any injury was found on person of victim then also deposition of victim (PW10) and..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368, 354 -- Murder - Death sentence - Circumstantial evidence - Accused committed murder of 5 persons and sentenced to death by trial Court - High Court commuted sentence to life imprisonment with direction that accused shall not be released from prison unless he serves 20 years of..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Nothing is forthcoming from evidence on record to show that due to enmity or happening of some untoward incident with victim by family members of accused, she lodged false complaint - Evidence of victim is found quite natural and there is no reason to discard her evidence - Held, looking to the..........
Indian Penal Code, 1860, Section 323,354 -- Hurt and outraging modesty of woman - Accused allegedly caught hold of complainant from her breast and torn out her clothes - Medical evidence in tune with complainant version - Contention of accused that husband of complainant had lodged case of theft against accused and thereby pressurizing accused, repelled - Held,..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 164, 354 -- Murder case based on circumstantial evidence - Accused lured young girls to his house, strangulate them, commit sex with body, cut off their body into parts and eat them after cooking - Skeletons and body parts recovered on the basis of disclosure statement - Accused made confessional..........
Indian Penal Code, 1860, Section 506 Part-II, 354, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Prosecutrix got lodged an FIR alleging that accused caught hold of her hand with an intention to outrage her modesty - No evidence on record that the entire act done by accused was done with an intention to assault or dishonour or..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Attempt to commit rape - Accused removed nicker of a girl with a view to commit sexual intercourse - No injury found on the person of prosecutrix who was a minor girl in the course of her medical examination - Evidence of the witness to the effect that victim was found sleeping on the floor and accused was lying on her - No..........
