Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conviction of husband in a criminal case u/s 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards wife which entails her getting the divorce from her husband...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Payment of victim compensation cannot be a consideration or a ground for reducing the sentence imposed upon accused as victim compensation is not a punitive measure and only restitutory in nature and thus, has no bearing with the sentence that has been passed which is punitive in nature...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Words "any loss or injury" used in S.357 Cr.P.C clearly indicates that the sole factor for deciding the compensation to be paid is the victim's loss or injury as a result of the offence, and has nothing to do with the sentence that has been passed...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - While deciding the compensation which is to be paid to a victim, the only factor that Court may take into consideration is the convict's capacity to pay the compensation and not the sentence that has been imposed...........
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 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Investigating Officer in his evidence stated that all four eye witnesses had not come to him voluntarily to depose regarding what they had seen about the occurrence, but he called them and examined them in connection with the case - However, both PW1 and PW2 stated in their evidence that they..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Victim is a married woman blessed with a child - Appellants are facing ordeal of trial from the year 2002 - Appellant no.1 remained in judicial custody approximately five years and appellant no.2 remained in custody for six years and two months - Sentence of 10 years reduced to R.I for period already undergone by..........
