Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 21(b) -- Recovery of 46 gms and 105 gms cocaine respectively from two accused - Contradictions with respect to deposit of case properties pursuant to two recoveries in malkhana, which goes to root of matter - Same creates a serious doubt in link evidence as to case properties being kept properly in safe..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 51 -- Contraband - Facts indicate that accused `S' and `J' were arrested with contraband and `S' was badly tortured and made to give statement u/s 67 of NDPS Act - Then at midnight `S' was taken to his home, from where his father `B' was picked up - No personal search of accused persons was conducted at the..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix remained in the company of accused for about 12 days until she was recovered - Prosecutrix freely moved with accused in course of which movement, she came across many people at different points but she did not complain of any criminal act on part of accused - Prosecution not succeeded in..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 302 -- Murder - Opinion of doctor that suicide cannot be ruled out - High Court acquitted accused by arriving at conclusion that "medical evidence does not conclusively establish that it is a case of homicidal death" and that accused is entitled to benefit of doubt - View taken by High Court a plausible view - No interference warranted in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 95 -- Determination of age of victim - Rape case - Bone ossification test - No document of age available on record - Bone ossification test report estimated age as 17 to 19 years - Applying the margin of error of two years on either side, age could be between 15 to 21 years - Even if margin of error..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Benefit of doubt - No evidence to show that accused were last seen in company of deceased immediately prior to their death - No circumstance of motive for commission of offence established - Recovery of scooter used to carry dead bodies, shrouded in mystery - All PWs turned hostile - FSL..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Appeal against conviction - Merely because accused `B' and `K' during jostling has caught deceased does not evidence any common intention in the form of facilitation of crime by accused `R' - Accused `B' entitled to benefit of doubt - Conviction of accused `B' set aside - Accused `B' acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
