Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of weapon of offence is not established or proved cannot be a ground to acquit accused when there is a direct evidence of eye witness...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of weapon of offence used in the commission of offence is not a sine qua non to conviction accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - When the case of prosecution is based upon deposition of eye witness, even in case of some contradictions with respect to timing of lodging FIR/complaint cannot be a ground to acquit accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - Eye witness/PW1 fully supported case of prosecution - There is no reason to doubt credibility and/or reliability of PW1 - Accused convicted on the basis of sole testimony of PW1...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Interim bail during pendency of appeal - Appeal against conviction - Assets disproportionate to known source of income - Accused is a lady, who has already undergone 2 years and 9 months sentence - Interim bail granted to accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Statement of accused that `I may get discovered murder weapon used in the incident', does not indicate or suggest that accused indicated anything about his involvement in concealment of weapon - It is a vague statement - Mere discovery cannot be..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra judicial confession - Murder - Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - However, High Court committed error in making confessional statement as basis and thereafter going in search for corroboration - Extra..........
Indian Penal Code, 1860, Section 354A -- Outraging modesty of woman - Sexually provocative dressing of a victim cannot be construed as a legal ground to absolve an accused from charge of insulting modesty of a woman, as right to wear any dress is a natural extension of personal freedom guaranteed by Constitution...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Panch witness turned hostile and not supported case of prosecution - Complainant stated that he was not able to identify his application given to police -..........
