Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Recovery of articles - Mere recovery cannot lead to conviction and sentence of accused unless they have been properly identified by witnesses...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Identification of accused - Victim did not identify accused persons and even other PWs also failed to identify accused - Two-wheeler along with knife was recovered on the confession of accused - However, two wheeler has not even been marked as a material object in the case - There was thus, no..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Indian Penal Code, 1860, Section 392, 397, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 392, 397 IPC - Accused are juveniles and are not stated to be involved in any other case - It is co-accused who was carrying a pistol - Accused have been behind the bars for a substantial period of 1 year - Conclusion of trial is likely to consume time in as not..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........