Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Testimony of eye witnesses - Prosecution examined three eye witnesses - Two eye witnesses turned hostile and did not support case of prosecution - Testimony of PW10/father of victim, neither shows that he was an eye witness of occurrence nor does it disclose that..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Last seen Evidence - FIR lodged against unknown persons - There is no eyewitness to actual commission of offence - Deceased was last seen in company of acquitted accused `R' - No witness has deposed about deceased being last seen with accused in and..........
Indian Penal Code, 1860, Section 325, 34 -- Offence u/ss 325, 34 IPC - Occurrence took place when injured was in high alcoholic condition - Doctor who examined injured clearly stated that injured sustained injuries due to assault by some assailants or caused by fall on some concrete or hard substance - I.O contradicted the evidence of injured - It cannot conclusively be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Incident occurred in the dead of night when about 70 persons had gathered at the house of deceased - Presence of accused is established at the place of occurrence - PW1 stated that criminals stayed there for about 2 hours and maarpit continued for about 1 hour - It is thus, apparent that when criminals came to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court while summoning petitioner has not considered overwhelming evidence collected by I.O during course of investigation which would demonstrate that petitioner was not present at the time and place of occurrence - Impugned order of summoning of petitioner is unsustainable and against..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon - Accused while in police custody confessed that he has murdered deceased by means of a gun and that he will show the spot of occurrence and produced gun before witness - No statement given by accused regarding information of place of concealment even..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - Record of trial Court had already weeded out and reconstruction of that record is not possible - Incident took place in the year 1981 and now 33 years have passed since conviction - There remains no possibility of retrial at this stage after long gap of about 39 years since..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence - Accused gave voluntary information u/s 27 of Evidence Act which led to recovery of weapon of offence i.e blood stained knife - When accused was arrested, he was wearing blood stained clothes which was seized - Blood stained knife, blood stained clothes and soil..........
Evidence Act, 1872, Section 3 -- Evidence - Contents of scene mahazar cannot be treated as evidence to prove any facts referred to therein unless and until witness, who pointed out place of occurrence was examined before Court...........
