Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Non explanation of injuries sustained by accused person by prosecution - Informant as well as appellant No.1 sustained injuries on their body - Prosecution has completely failed to explain injury sustained by appellant No.1 and non-explanation of injuries sustained by accused persons by prosecution creates a..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in the evidence of PW1 and PW2 - Complainant is also a witness to recovery of pillow whereas neither FIR nor evidence of PW1 and PW2 discloses about use of pillow for pressing mouth of deceased and no evidence of use of the same have been found - Though complainant was not present at the time of..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Allegation that appellant tampered the documents in question in order to secure admission in BSW Part III course - However, passing of alleged document through the hands of several persons before it was detected as forged renders unsafe to arrive at a conclusion that appellant had authored the..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Element of non-voluntary leaving of minor from lawful guardianship on basis of force, promise or inducement or offer is an important aspect to attract penal provision - An eventuality may arise where minor voluntary and on his own accord, leaves lawful guardianship then in such circumstances applicability of S.361 IPC..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Victim stated that she was in talking terms with accused and had voluntarily left home as her family members have beaten her and electrocuted her - Mere being in talking terms with another person resulting in victim leaving home would not attract penal provisions - Material particulars and circumstances with regard to..........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
