Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Dead body and weapon are admittedly recovered at the instance and on basis of information given by accused - FSL report shows that soil available on knife, cycle, shoes of accused and soil available on scene of crime are similar - Prosecution has established the chain of circumstances with utmost..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Presence of alleged three eye witnesses at the spot not proved on record - Several material contradictions in the testimony of said witnesses, which goes to root of matter and shatter the entire prosecution case - False implication of accused in crime arises on the basis of enmity between families of parties - PW1,..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of single eye witness - Not of sterling quality - Recovery of sunglasses recovered from scene of crime is doubtful as same was not identified by PWs - Recovery of gamchha as allegedly wore by accused at the time of incident not proved - Place of arrest is highly doubtful - Prosecution could not establish its case..........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Circumstantial evidence - Motive - Allegation that accused committed rape of his sister-in-law and in order to avoid any disclosure of offence by victim he committed murder of his sister-in-law and her son - Dead bodies of both the deceased were thrown in dam which were recovered..........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - If there is considerable time gap between persons seeing together and proximate time of crime, circumstances of last seen together even if proved cannot clinchingly fasten guilt of accused...........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of dead body - Corpus found after almost 5 months from the date of incident and was in a highly decomposed condition - Identification was done by getting skull super imposition test done through forensic expert - However, since super imposition report was not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
