Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Accused denied their presence at the place of occurrence - However, accused suffered injury at the place of occurrence, which they denied - Presence of accused at the place of occurrence held, proved - Evidence of eye witnesses qua A-2, A-4, A-5, A-8..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Recovery of articles at the instance of A-10 to A-13 - Recoveries are said to have been made from house of PW21 having no connection with A-10 - Recovery of such an incriminating article was made from a place that might also be accessible to PW21 is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 8 years old girl - Victim categorically stated in her statement recorded u/s 164 that accused committed oral sex with her, which amounts to rape - At the stage of bail, it cannot be presumed that she has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), Indian Penal Code, 1860, Section 376, 493 -- Conviction u/ss 376, 493 IPC and S.3(1)(xii) of SCST Act by trial Court - High Court acquitted accused u/ss 376 and 493 IPC but confirmed conviction under SCST Act - S.3(1)(xii) deals with a case of one party being in a dominant..........
Probation of Offenders Act, 1958, Section 3 -- Probation - Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Conviction u/s 504 IPC where maximum sentence provided is 2 years - There is no previous conviction of accused - It is thus, appropriate that accused be released instead of carrying out sentence after due admonition...........
