Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 279, 337 -- Benefit of probation - Offence u/ss 279, 337 IPC - Petitioner has actually undergone sentence of 1 month and 26 days out of total sentence of 3 months - No criminal antecedents against petitioner - Benefit of probation of good conduct granted to petitioner - Conviction and sentence..........
Indian Penal Code, 1860, Section 376D, 366, 354A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of proceedings - Misunderstanding in lodging FIR - Terms of compromise are unacceptable for quashing FIR...........
Indian Penal Code, 1860, Section 354A -- Sexual Harassment - Conviction - Accused contacted prosecutrix and insisted hereto disclose her name and expressed in words "I love you" - However, prosecution witness nowhere revealed that accused uttered "I love you" with a sexual intent - Further as per evidence on record neither suggest that the accused real intention was to..........
Indian Penal Code, 1860, Section 354A -- Sexual Intent - Mere utterance of words "I love you" by itself does not amount to sexual intent...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Expression "any instrument, which used as weapon of offence, is likely to cause death" should be construed with reference to nature of instrument and not manner of its use...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Stone as weapon of offence - Stone may qualify as dangerous weapon depending on its nature, size, sharpness or its potential to cause death of person...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction u/s 326 IPC can only be passed, if one of injuries in S.320 IPC is strictly proved - Eight clause of S.320 IPC is no exception to general rule that penal statue must be construed strictly - If hurt caused fall outside any of categories mentioned u/s 320 IPC, it can only be simple hurt defined u/s 319 IPC..........
Indian Penal Code, 1860, Section 323, 326 -- Hurt - Grievous hurt - Accused charged u/s 326 IPC can be convicted u/s 323 IPC, even if there is no specific charge for latter, provided evidence supports lesser offence...........
