Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Indian Penal Code, 1860, Section 307, 504, 506, 34 -- Attempt to murder - Reduction of sentence - Trustworthy evidence of informant and injured is on record which were fully corroborated by medical evidence - Accused thus, rightly convicted - However, substantive period of sentence already undergone by accused - Both the accused are young persons in their mid forties and..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses who were living two kilometers away from the spot claiming that they heard scream and went to spot and saw occurrence - Testimony of eye witnesses does not inspire confidence - Best witnesses of occurrence turned hostile - PW9 signatory to Mahazar and confession statement of accused also turned hostile -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Victim tried to alight from a moving bus and fell down - Even if bus had slowed down as it was entering gate, victim was not supposed to alight from the moving bus unless it had come to a complete halt - Driver did not drove bus in rash and negligent manner - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - PW1/wife of deceased categorically stated in her deposition that incident occurred in the house of A-3 - She specifically stated that A-1 caused four injuries on head of deceased and A-3 dragged the body of deceased and thrown it on the gate of her house - Presence of A-3 at the place of..........
Indian Penal Code, 1860, Section 302, 323, 324, 307, 148, 149, 506 -- Murder - Presence of mother of deceased on the spot of crime was not proved - None of eye witnesses were able to support prosecution case - Mother of deceased gave a completely different narration of events as compared to PW1 - She is thus, an interested witness and her evidence was not reliable - No..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
