Indian Penal Code, 1860, Section 376 -- Rape - Prosecution has a case that initially proposal of marriage of prosecutrix with accused was accepted by his family and only then accused refused the offer of marriage, FIR was finally lodged - All these factors point out towards the fact that what was alleged as rape was not rape but could be consensual act - Prosecution failed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix stated that she voluntarily went with accused, as she was in love with him - Plea of consent cannot be overlooked at this stage though shall be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix herself stated that she was in love with accused and they ran away together - They married each other and live together - Prosecutrix also stated..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Protection of Children from Sexual Offences Act, 2012, Section 28(2), Indian Penal Code, 1860, Section 354, 354A, 451, 506(iii), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 354, 354A, 451, 506(iii) IPC and S.3(2)(va) of SC/ST Act - Two offences occurred within a gap of half an hour and at the same place -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused is 50 years of age now - Appeal against conviction is pending since the year 2009 - Ends of justice would be met if sentence imposed against accused is reduced to 7 years while maintaining the fine and default sentence should be of S.I...........
