Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Last seen evidence - PW1/only last seen witness admits that accused persons are not known to him - He also admits that he cannot say as to where accused persons are living - PW1 stated that deceased had gone alone - Theory of last seen propounded by star prosecution witness (PW1) is not made out...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - When there is neither any eye witness account nor any evidence of last seen or any scientific evidence is available to connect appellants with alleged murder then conviction of appellants merely on the basis of surmises and conjectures cannot be sustained in the eyes of law - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - FIR lodged after about 10 hours of incident without any explanation - Material contradiction between evidence of PW1 and PW2 with regard to breaking and non-breaking of doors of constructed room - Except appellants, other unknown dacoits covered their faces at the time of incident, which is highly..........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 143, 147, 148, 353, 333, 332, 436, 427, 149, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 20, Prevention of Destruction and Loss of Property Act, 1981, Section 2 -- Bail - Offence u/ss 143, 147, 148, 353, 333, 332, 436, 427, 149 IPC, Ss.16, 18, 20 of Unlawful Activities..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `O' and `U' though came with common object, but considering that weapons, which they were having and recovered from them were lathis and also because..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Lack of specific injuries caused by each accused - Offences involving unlawful assembly and common object, individual roles are not necessary to be established and collective liability applies u/s 149 IPC - Since there is evidence of prior rivalry and political enmity, incident has been proved independently, mere..........
