Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of accused - When there was huge time gap of about more than six months between date of incident and date of recording of statements of witnesses by I.O, Test Identification Parade (TIP) would have assisted police in identifying accused seen by PW7 - However,..........
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..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - If a man retracts from his promise to marry a woman, consensual sex they had, will not constitute an offence of rape u/s 376 IPC unless it is established that consent for such act was obtained by him by giving a false promise of marriage with no intention of being adhered to and that promise made was false..........
Indian Penal Code, 1860, Section 313 -- Offence u/s 313 IPC - Where victim was forced for miscarriage due to some medical complication, S.313 IPC is not attracted...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and prosecutrix were in consensual relationship for past four years - They voluntarily went together to several places and had consensual sex - There is no specific allegation in First Information Statement that accused had given a promise to prosecutrix to marry which at the inception was false and based on..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife filed a criminal case against husband u/s 498-A IPC - Considering pendency of criminal case, it would not be justifiable for Court to press upon wife to join back to company of husband - If cruelty really exists then it may have a serious repercussion to force wife to join..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
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..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 32 -- Rape and murder - Death by burning - Dying declaration made by deceased naming accused as person who raped her and set her on fire when she insisted that he should marry her - Dying declaration of deceased thus, unequivocally and unambiguously points to guilt of accused - Merely because it was not..........
