Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Complainant supported the case of prosecution - Statement of complainant is in consonance with medical evidence brought on record - Other PWs supported the case of prosecution - Prosecution proved its case - Conviction upheld...........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Modification of sentence - Occurrence took place in 2003 - Accused have clean antecedents with no other case registered against them - Sentence u/s 325 r/w S.34 IPC modified to 2 months and 4 days with fine of Rs.10,000 each with default sentence as imposed by lower appellate Court and u/s 323..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint filed by second wife against husband and her in-laws is not maintainable...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Empty cartridges found at the spot were not fired from rifle issued to accused as per ballistic expert report - This is indicative of presence of some other rifle also - Prosecution evidence is silent as to whose rifle it was - Moreover, if accused were to use their rifle to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Testimony of PW3, PW6 and PW15 - Neither PW3 nor PW6 identify any of accused - They did not depose that three policeman involved in the crime were those who were facing trial - Testimony of PW3 and PW6 is not of much help to prosecution case - As regarding testimony of PW15,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
