Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Death penalty - Rarest of rare case - Accused taken advantage of young age of deceased and committed rape upon her causing her death - Deceased as a result of rape undergone acute pain and..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Admittedly, complainant party illegality entered into field of accused in between 4-5 a.m. in dark night alongwith habitual offender - Free fight - Gun shots were fired by both parties resulting into death at spot of `K' - Intention of accused to inflict..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 9, 3 -- Attempt to murder - Test identification parade (TIP) - Appreciation of evidence - As per testimony of complainant, it appears that complainant not stated procedure and manner in which TIP held - Even, complainant not stated that TIP carried out in presence of 2 panchas - Moreover,..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - As per the testimony of complainant, at the time of incident, A2 was only present in company of A1 - No other allegations have been levelled against A2 - Moreover, it is nowhere stated that during altercation, A2 was inspired by A1 or any criminal..........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Non-examination of independent witness though available with prosecution - Creates prosecution case doubtful...........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Unless panch witness positively states that he has eye-witnessed the recovery, his mere signature on such recovery panchnama becomes useless in proving the recoveries...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Panchas not supported contents of panchnama - Their evidence cannot be considered at all...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - 3 injuries caused to complainant by single blow of razor - Not possible - As per evidence on record, injuries caused to complainant were neither serious in nature nor sufficient to cause death in natural course jointly or severally - Even, on the..........
Indian Penal Code, 1860, Section 149, 323, 302 -- Murder - Circumstantial evidence - As per statements of prosecution witness it is apparent that accused were not initially named as accused/appellants when statement on the basis of which FIR was registered, was recorded - Even, at the stage of making supplementary statement, PW1 did not name these two accused - Moreover,..........
