Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - No evidence on record that victim was raped only on the ground that she belonged to SC community - Conviction under SC/ST Act set aside...........
Evidence Act, 1872, Section 9, Criminal Procedure Code, 1973, Section 54A -- Test Identification Parade - Test identification parade done at investigation stage only aids the investigation but cannot lead to conviction unless accused are identified in the box at the time of trial in the Court...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Conviction on the basis of statement made u/S. 161 Cr.P.C - Merely because the story come out of the mouth of IO, it cannot be believed and a legal sanctity given to it, higher than that provided to S.161 statements u/s 162 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of High Court - Appellant being Tehsildar had removed certain structures from the subject land despite an earlier order passed by High Court - He accompanied by a police force of 80 personnel threw respondents occupying subject land on road, removed their belongings from their homes after..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 338(3), 340(2), 61(2) -- Bail - Offence u/ss 338(3), 340(2), 61(2) BNS - Cyber Fraud - There is sufficient prima facie evidence connecting petitioner with alleged crime - However, pre-trial incarceration should not be a replica of post-conviction sentencing - Petitioner's total..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 351(3), 324(4), 296, 126, 118(1), 115 -- Quashing of FIR - Compromise - Offence u/ss 351(3), 324(4), 296, 126, 118(1), 115 BNS - Victim/complainant have genuinely effected a compromise with petitioner and they have no objection if FIR and consequential proceedings are quashed -..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
