Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 452, 323, 427, 506 -- Injury received by complainant on his elbow not shown to be caused by fist and kick blow - As regarding alleged injury on the mouth of complainant which broke his tooth, same not found supported by medical evidence, as no tooth was found broken - Moreover, if there was even an iota of truth in this allegation, then..........
Indian Penal Code, 1860, Section 323, 376(2)(I), 376D -- Gang rape - Voluntarily causing hurt - Prosecutrix sustained injuries while resisting to rape - She was assaulted by accused - Medical evidence corroborated injuries sustained by prosecutrix - Offence u/s 323 IPC also made out against accused...........
Indian Penal Code, 1860, Section 307, 323, 326, 148, 149, 506 -- Attempt to murder - Cross-case pending against complainant party - Delay caused in registration of complaint not explained - Neither in complaint nor any PW deposed that both accused have caused any injury to anyone - Even there is no recovery from both accused - Moreover, complainant party is aggressor and..........
Indian Penal Code, 1860, Section 307, 323, 34 -- Attempt to murder - FIR lodged after more than 2 months and 18 days of incident - Lame explanation given by complainant that accused threatened to kill him - However, complainant was gaining time to create evidence so as to implicate accused in this patently false case - Plea put forth by complainant in belated FIR and in..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 323 -- Rape - False promise of marriage - Order framing charges - Prosecutrix being already married established sexual relations with accused during subsisting marriage - Apparently claim made by prosecutrix that she was allured by false promise of marriage given by accused is totally baseless, false and fictitious -..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 149, 323, 325 -- Framing of charge u/ss 307, 149 IPC - Accused allegedly 8 in number, armed with lathis, named in FIR - But small number of injuries received by injured belies said allegation - Moreover, if accused were intending to kill injured, nothing prevented them from aiming the lathis..........
Indian Penal Code, 1860, Section 376, 306, 323 -- Rape - Determination of age of deceased - Doctor who conducted post mortem opined that deceased was having public hair and hair in arm pits are well grown, which is possible between 16-17 years and 19-20 years - Trial Court on the basis of oral evidence and medical opinion opined that deceased was around 17 years - No..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Material contradictions in ocular evidence and medical evidence - Trial Court on basis of evidence of other PWs and in particular evidence of PW2 did not rule out possibility of consensual intercourse - Prosecution utterly failed to bring home story of committing rape by accused - Accused rightly acquitted...........
