Indian Penal Code, 1860, Section 302, 364, 120B -- Murder - Kidnapping - Circumstantial evidence - Benefit of doubt - Last seen theory not acceptable as there is no close proximity between place and time of crime - Motive of crime not proved - Disclosure statement of appellant cannot be looked at for corroboration of this version - Weapon of offence neither produced nor..........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 304(Part II) -- Confession before registration of an offence - Offence u/s 304(Part II) IPC - Accused visited police station and narrated incident to police that she assaulted her husband - Statement of accused led to discovery of a fact that her husband had died in the house due to injury - Onus of..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Medical opinion accepted that deceased must have survived only for a short duration after he received injuries - Extremely doubtful whether deceased had survived long enough for PWs 1 and 15 to arrive at the scene of occurrence and then make separate statements to these witnesses -..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Kerala Abkari Act, 1977, Section 55(a) -- Seizure of spirit stored in 58 cans - Reduction of sentence - Incident occurred in 2007 - Three persons were arrested in the incident and accused was one of them - Accused already undergone jail sentence of around 1 year 3 months till date out of total sentence of 3 years as awarded by High Court and he still continues to remain in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mixing up of currency notes meant to be passed on officially with notes meant to be illegal gratification have led to confusion, as both treated as trap money - Even otherwise, no evidence on record that accused having demanded Rs.3000 as illegal gratification - Possibility of accused..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Sexual assault - FSL report regarding vaginal swab of victim which was sent for examination is not helpful for prosecution to prove offence u/s 4 of the Act - However, evidence relating to penetration into vagina, mouth, urethra or anus of a child etc. or any part of body of victim is not found -..........
Indian Penal Code, 1860, Section 302 -- Murder - Gu, shot injury - No evidence on record that accused was author of gunshot which killed deceased - Ballistic report did not support prosecution case, as it opined that cartridges fired and recovered from spot could not be fired from rifle belonging to accused - More so, alleged rifle not taken in police custody immediately..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Criminal trial -- Presence at the time of occurrence - Accused known earlier not named in police statement - No allegation that his face was covered - Naming accused subsequently in Court statement for the first time - It is certainly an improvement over the earlier statement and cannot be considered as trivial and is a material omission - Accused acquitted on ground of..........
