Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Accused was never apprehended at the spot and nor any recovery was ever effected from him - He came to be named in the FIR on the basis of secret information - Two police officials from police party claim to have identified him when he ran away from the spot upon noticing..........
Indian Penal Code, 1860, Section 342, 354, 506 -- Offence u/ss 342, 354, 506 IPC - Major contradictions and discrepancies in the evidence of victim and informant in respect of commission of offence and manner of occurrence - During cross-examination, defence is able to discredit the trustworthiness of their evidence and there are major contradictions in respect of..........
Indian Penal Code, 1860, Section 354D, 506 -- Offence u/ss 354-D, 506 IPC - Appeal against conviction - Complainant and accused have married each other during pendency of appeal which gives rise to a reasonable belief that both were involved in some kind of relationship even when offences were said to have been committed - Conviction and sentence set aside - Accused..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Testimony of eye witnesses - Major contradictions are shown in the deposition of eye witnesses - Though said witnesses sustained injury, their injury report not produced by prosecution - Deposition of doctor who had treated them in the hospital is not coming on record - It is not in dispute..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased left behind suicide notes both undated, detailing the manner in which accused has subjected him to harassment - All instances of mental torture and harassment referred to in the suicide notes had occurred even before deceased left her matrimonial home - These incidents cannot be conclusively deemed as..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Sexual assault - Incident had taken place in broad daylight in the presence of other people - It cannot be said that hand of prosecutrix was held by accused with sexual intent - Moreover, accused was in the state of insobriety and prosecution did not make any effort to examine accused upon his..........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
