Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Entire case is based on circumstantial evidence - No incriminating article was recovered from possession of accused - Credibility of testimony of witnesses is to be examined by trial Court at the relevant time - No apprehension if accused released on bail is going to..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
Evidence Act, 1872, Section 3 -- Evidence of eye witness - If testimony of an eye witness is otherwise found trustworthy and reliable, same cannot be disbelieved and rejected merely because certain insignificant, normal or natural contradictions have appeared into his testimony...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 10.200 kg opium - Independent witness not supported prosecution case - Compliance of S.50 of the Act not discernible from testimony of PW6 himself - There was also an interpolation in mentioning weight/quantity of contraband - Conduct of accused as per prosecution that he himself was keeping..........
Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
Indian Penal Code, 1860, Section 454, 354 -- Offence u/ss 454, 354 IPC - FIR lodged after delay of 25 hours that too without any explanation - Case seems to be counter blast of case lodged by accused against husband of complainant - Testimony of key witness did not support version of complainant and suffer from contradictions and inconsistencies - Prosecution failed to..........
