Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 143, 147, 148, 353, 333, 332, 436, 427, 149, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 20, Prevention of Destruction and Loss of Property Act, 1981, Section 2 -- Bail - Offence u/ss 143, 147, 148, 353, 333, 332, 436, 427, 149 IPC, Ss.16, 18, 20 of Unlawful Activities..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Identification of accused - If an accused is not named in FIR, his identification by witnesses in Court should not be relied upon specifically when they did not disclose name of accused before police - But to this general rule, there may be exceptions...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Non-examination of independent witness is not a ground to doubt prosecution case...........
