Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere association or presence at the site is not sufficient to attract liability u/s 120-B IPC...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Conviction u/s 120-B IPC cannot be sustained in the absence of substantive evidence of any conspiracy or meeting of minds between accused and co-accused...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is suffering agony of trial for last more than 20 years - He has undergone a period of 1 month and 13 days out of total sentence of six months - He is not involved in any other case - Since there is no minimum punishment prescribed u/ss 279, 337, 338 IPC,..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused was 35 years at the time of incident - About 27 years have lapsed since the incident - Accused has only remained confined for four months and 11 days in jail and since then he is on bail - Sentence reduced from 10 years R.I. to minimum punishment of 7 years - However, fine imposed is enhanced..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 102 -- Murder - Seizure u/s 102 Cr.P.C. unless it is linked to crime cannot be relied on to convict the accused for murder on the conspiracy alleged...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Confession - Mere recovery of dress u/s 27 of Evidence on the basis of confession statement made by an alleged conspirator, does not implicate other accused who were alleged to be assailants who killed the deceased...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Conviction on the basis of statement made u/S. 161 Cr.P.C - Merely because the story come out of the mouth of IO, it cannot be believed and a legal sanctity given to it, higher than that provided to S.161 statements u/s 162 Cr.P.C...........
