Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Indian Penal Code, 1860, Section 364, 368 -- Kidnapping of 3 years old male child - Complainant and his wife not even uttered a single word that child was kidnapped by accused - Even, I.O has not stated that child was kidnapped by accused in order to commit murder or accused had knowledge that child was kidnapped or that child remained in custody of accused for a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 450, 511, 506, 120B -- Bail - Murder - Accused is in custody since 21.6.2017 - Three PWs declared hostile - Custodial interrogation of accused is not required - Conclusion of trial will take some time due to COVID-19 situation - Bail granted to accused...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Juvenile - Bail - Murder - Accused was minor at the time of occurrence - Main accused has been released - Accused is stated to be implicated as he was driving the vehicle when his friend was also there - He has no criminal antecedents and from..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Non-examination of officer of mobile company cannot be said to be fatal to prosecution case, particularly when CDR was exhibited, through deposition of I.O and no objection was raised on behalf of..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
