Criminal trial -- Right of accused to rely upon material in support of his defence does not ordinarily arise at the pre-trial or charge stage and such entitlement crystallizes only during stage of defence evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Allegation that two grown up persons had forcibly taken away a 19 years old girl and both of them committed rape upon her - However, medical evidence failed to support prosecution case though she was examined on the very next day of occurrence - Victim never stated in her evidence as to who amongst appellants had first..........
Indian Penal Code, 1860, Section 399 -- Preparation of dacoity - A-1 alongwith two other accused named in charge sheet were found travelling with material articles by itself is not a ground to hold that they were making preparations to commit dacoity as alleged by prosecution - No evidence on record to show that petitioner/A-1 made preparations for committing dacoity -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
Indian Penal Code, 1860, Section 366A, 376, 120B -- Kidnapping and rape - Medical Officer has categorically stated in her medical report as well as during deposition that no external or internal injuries were found either on body of prosecutrix or on her private parts nor was any other clinical sign detected that could support allegation of forcible sexual intercourse -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix and her husband/PW2 did not support case of prosecution - Medical evidence also does not support case of prosecution - Three independent witnesses who were present at the place of occurrence though cited as PWs in charge sheet, were not examined by prosecution - Conviction and sentence,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
