Indian Penal Code, 1860, Section 302, 147, 143, 148, 504 -- Murder - Testimony of sole eye witness - Land dispute between parties - Presence of accused on the spot is not disputed - PW1 stated that all accused were hiding in bushes at the spot - He though not clear as to which one of accused had assaulted deceased after he fell down, but he is categorical with regard to..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Sentence - Deceased died due to homicidal death not suicide - Death occurred within seven years of marriage - Accused was incarcerated for 15 years and that period would be enough punishment - He is now 80 years old and other accused is 70 years and looking to the age of accused period undergone by them would be..........
Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Testimony of victim - Victim identified accused in Court and also stated that he used to wander in their vicinity after consuming liquor and she knows her - She told the nick name of accused to her parents - Victim had given details as to how incident had taken place and who has done the act -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - DNA report - DNA samples of accused, victim and child was taken and accused and victim concluded to be biological parents of child as per prosecution - However, no evidence on record as to exactly when victim delivered the child, for how many days child was alive, when samples of child were taken and by whom - Even,..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
