Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Action of accused removing undergarment of victim covering and protecting her private parts and forcibly made her lie down on the ground cannot be for any other oblique reason but indubitably for purpose of ravishing her - Relationship between parties was not acrimonious, obliterating element of false..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Indian Penal Code, 1860, Section 411 -- Title - in an offence u/s 411 IPC is not required to be proved as it is crime against possession...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Stolen gold ornaments were recovered from possession of four accused which were later identified by PW4 and PW5 - Accused not claimed that said ornaments belonged to them - They have not disclosed in any manner whatsoever as to how stolen gold ornaments belonging to complainant party came to their possession -..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 376(2)(N), 342 -- Bail - Kidnapping and rape - Accused is aged about 35 years and working as teacher in the school where prosecutrix studied - Prosecutrix just turned major - Considering age difference between accused and prosecutrix, it can be presumed that accused was in a position to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Reasonable doubt created with regard to cause of death - Recovery of pillow and shirts containing blood stains tallied with blood group of deceased but seizure witnesses did not support case of prosecution - Seizures alleged to have been made during investigation not proved by prosecution -..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
