Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - No evidence on record to disclose that provocation was so grave and sudden that appellant was deprived of his self-control - Case would not fall u/s 300 Exception 1 IPC merely because infliction of knife blows took place after a quarrel...........
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..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Discrepancies in timing of incident - Where core evidence of victim remains unshaken in cross-examination, minor discrepancies in peripheral details do not affect credibility of her substantive account - Conviction..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Non-examination of neighbours - Omission to examine neighbours not fatal when evidence of victim clearly shows that she was alone at time of incident - Conviction upheld...........
