Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Last seen Evidence - FIR lodged against unknown persons - There is no eyewitness to actual commission of offence - Deceased was last seen in company of acquitted accused `R' - No witness has deposed about deceased being last seen with accused in and..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Recovery of knife - Blood stained knife was sent to FSL for forensic examination, but there is no evidence that fingerprint was taken from murder weapon or compared to fingerprint of accused - FSL report only states that blood found on knife was..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Forensic evidence for tests of scalp hairs, pubic hairs, seminal strains on certain exhibits, blood stains on knife etc. is on record, but reports of the same do not in any way provide proof to establish guilt of accused - There is no eye witness to..........
Criminal Procedure Code, 1973, Section 82(4), Indian Penal Code, 1860, Section 406, 420, 120B -- Proclaimed Offender - Accused charged u/ss 406, 420, 120-B IPC cannot be declared as proclaimed offender u/s 82(4) Cr.P.C, as said offences do not fall within ambit of S.82(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
