Indian Penal Code, 1860, Section 375 -- Rape - Consensual relationship would not constitute rape within meaning of S.375 IPC...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Material contradictions in the statements of PWs - Statements of PWs therefore, do not inspire confidence - It is difficult to believe that no one was shot where it is being said that about ten rounds of firing took place - Prosecution failed to establish commission of alleged offence by accused beyond all..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Reduction of sentence - Accused remained behind bars for about 5 months out of total sentence of 6 months only - He not indulged in any other criminal case except present one - Considering the fact that he has suffered 5 months of incarceration and he faced financial hardship and had to go through mental agony,..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Death sentence - Accused persons have no criminal antecedents - They have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased - Case cannot be considered to be rarest of rare case - Capital sentence commuted to life imprisonment...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
