Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Death by burning - Inconsistency between two dying declarations as to who set deceased on fire - Benefit of doubt thus, given to accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape - In the absence of external injury to the person of prosecutrix, it cannot be concluded that incident had taken place with consent of prosecutrix - It depends upon facts and circumstances of each other...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix 12 years at the time of occurrence - Consent of prosecutrix is thus, immaterial - Evidence of prosecutrix is supported by medical evidence and also by evidence of PW4, who saw accused running away from scene of occurrence - Delay in lodging FIR properly explained as uncle of prosecutrix not in village and on..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Incident occurred in 1993 about 25 years ago - Having regard to passage of time and other facts and circumstances of case, sentence of imprisonment of 7 years imposed on accused reduced to period of 4 years...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Quashing of proceedings - Offences u/ss 467, 468, 471, 120-B IPC - Compromise between parties - No possibility of conviction of accused - Held, once disputes are settled by mutual compromise, then no useful purpose would be served by keeping the criminal proceedings..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Creating huge doubt on their veracity inasmuch as there was contradictory variance as to the facts of presence of accused at the scene of offence at the time of incident, bringing victim to the hospital and impact of the presence and provocation of relatives at..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 411, 473 -- Bail - Offence u/ss 21, 25, 29 NDPS Act and Ss.411, 473 IPC - Recovery of 255 gms heroin from petitioner and amount of Rs.40,000/- from co-accused - Petitioner is neither driver nor owner of car - Even,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 149 -- Anticipatory bail - Offence u/ss 306, 149 IPC - Police has taken into possession audio recording of suicide note, which is being investigated - Custodial interrogation of petitioners for that purpose is not required - Bail granted - Directions issued...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 302, 323, 458, 285, 460, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 302, 323, 458, 285, 460 IPC and Ss.25, 27 Arms Act - Name of petitioner is not mentioned in FIR but he has been implicated on basis of disclosure statement made by co-accused - Single witness has not been..........
