Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere statement of sister of deceased that accused/teacher had also humiliated the child - Even if said allegation is taken to be true in its entirety, the same would not fall within the ambit of `abetment' particularly when there is no material on record against accused - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant arraigned as an accused on the basis of co-accused statement - Actual complicity of appellant is an issue which will have to be thrashed out after trial - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 364, 365, 448, 506, 511, 34 -- Kidnapping - Complainant not explained as to why names of two persons, who were subsequently named by him were not disclosed for 15 long years - It shows that complainant was trying to put forth improved version - Statement of complainant is also contradictory to official witnesses examined by prosecution -..........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C. - When witness herself disowns voluntarism and truthfulness of her statement recorded u/s 164 Cr.P.C. and also when prosecution fails to offer any plausible explanation for these material inconsistencies, benefit of doubt must necessarily ensure to accused...........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - Autopsy report reflects that deceased was inflicted with four knife blows on vital parts of his body - Injuries found on body of deceased in ordinary course would have resulted in death - No defense evidence was led and statement of petitioner u/s 313 Cr.P.C. was one of denial - There was no statement that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Offence u/ss 9(m), 10 of POCSO Act - Victim was 4 years of age at the time of incident - She got frightened and did not even look at accused in Court room which is a pointer in itself - Whole sequence of events in course of recording of evidence of victim was tale-telling - Shock related to..........
