Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 6, 7 -- Rape - No aggravated penetrative sexual assault proved - In absence of any proof of aggravated penetrative sexual assault, S.6 of POCSO Act cannot be applied - However, since sexual assault upon victim girl has been proved, provisions of S.7 of POCSO Act are..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
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 -..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape can be based on sole testimony of victim if it is trustworthy and inspires confidence...........
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 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
