Indian Penal Code, 1860, Section 302, 452, 114, 504 -- Murder - Death by burning - Deceased in her earlier dying declaration attributed overt act only to co-accused and she not stated anything about accused - Son of deceased PW12 though attributed bringing of kerosene can to accused but the same is not corroborated by other evidence - Prosecution not examined other son of..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Court - FIR was registered at 08.30 p.m. whereafter complainant was sent to hospital for treatment - FIR reached Magistrate at 06.45 a.m. - It cannot be said that there was delay, much less inordinate delay in sending FIR to Court...........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 7, 8 -- Delay in lodging FIR - Sexual assault - FIR was lodged on the next day of incident - Delay of one day not inordinate taking into account the fact that prosecutrix was aged about 14 years...........
Criminal Procedure Code, 1973, Section 157 -- Delay in receipt of FIR in Court - Incident occurred at 5.30 pm - FIR lodged on the same day of occurrence at 6.00 pm - Not sending FIR immediately to Court after its registration, cannot be put against prosecution, since after 5.30 pm, Court timing gets over an in these circumstances, production of FIR before Court on the next..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Incident occurred at 7.30 pm and FIR lodged next day at around 9 am - Police station was around 25 kms away from the place of occurrence - Since deceased died after few hours of incident by that time it was dark night and therefore, not possible for complainant to go to police station which was around 25..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Last seen theory - Last seen witnesses saw entry and exit of accused from crime scene respectively - Witnesses conveyed this piece of valuable information to complainant right before he filed first information - However, there is..........
Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Testimony of eye-witness and other witnesses is corroborated by medical evidence - Even, there was no inordinate delay in registration of FIR - Moreover, on the basis of disclosure statement recovery of weapons was made - However, the act was not premeditated, still there was intention to cause..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape of minor girl - Victim was under 12 years of age at the time of occurrence - Delay in lodging FIR regarding first incident properly explained by prosecution, as victim was under threat to be killed by accused - At the time of commission of second incident mother of victim fortunately arrived at the..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - FIR lodged after 7 days of death of deceased - No explanation given for such delay - Delay fatal to prosecution case...........
