Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW8 on last seen neither gives any particulars nor establish any proximity in terms of time - Even after deceased had gone missing, no suspicion was entertained at any juncture against accused and his name came to the surface only after crime was converted to one u/s 302 IPC -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention or crime sharing may be by an overt or covert act, by active presence or at distant location but there should be a measure of jointness in the commission of the act - Even a person not doing a particular act but only standing as a guard to prevent any prospective aid to victim may be guilty of..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Medical report of victim indicated that hymen was torn and there were signs of recent sexual intercourse - Accused confessed before Judicial Magistrate regarding crime in question, though he feebly tried to retract from such..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petitioners not named as accused in crime - Petitioners cannot be permitted to ask for quashing of proceedings concerning some other persons (accused)...........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Prolonged election dispute between two groups is the motive of crime - Death of two deceased caused by multiple bullet injuries - No contradictions between three eye witnesses - Merely because they are related witness, in the absence of any material to hold that they are interested, their testimonies cannot be..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
