Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376, 420 -- DNA test - Paternity of child - Rape case - Victim claims the child to be of petitioner/accused - Petitioner however, denying the paternity of child and has claimed non-access to relationship - When non-access is claimed in such a relationship, it is right of accused to have the same proved by..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Evidence tendered by PWs 1 to 3 regarding hurt caused to PW1 by petitioner is believable - Evidence concerning the material particulars to attract the offence u/s 323 IPC is consistent - Conviction upheld...........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - In order to attract the offence u/s 354 IPC following ingredients has to be proved: (i) assault must be on a woman; (ii) petitioner must have used criminal force on her; and (iii) criminal force must have been used on the woman intending thereby to outrage her modesty...........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Ultimate test for ascertaining whether modesty has been outraged is the action of offender such as could be perceived as one which is capable of shocking the sense of decency of a woman...........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Incident took place on occasion of a no confidence motion about to be moved by PW1 against petitioner in a parent Teachers Association Meeting - It is difficult to believe that petitioner assaulted PW1 with an intention to outrage her modesty - Evidence of PWs 1 to 3 is not consistent - Necessary..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Simply because accused refused to marry deceased, would not be a case of instigating, inciting or provoking the deceased to commit suicide and would not amount to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - One person died in the accident and two persons sustained grievous injuries - Petitioner drove the offending vehicle violating one way traffic rules and dashed on the auto rickshaw in which deceased was travelling - Vehicle driven by petitioner was in high speed and it came in a reckless..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
