Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Love affair between accused and deceased - Accused caused multiple injuries to deceased when he saw her talking to another boy - Evidence of eye witness to incident remains unimpeachable and believed by two Courts - Even, evidence of eye-witness cannot be discarded merely because he allegedly..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Appeal against conviction - Dismissal of appeal - Accused after having served sentence of imprisonment for a period of 15 years 9 months and 27 days, was released u/s 432 Cr.P.C by Government - Dismissal of appeal shall not have any adverse effect on such exercise of power of remission by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW8 on last seen neither gives any particulars nor establish any proximity in terms of time - Even after deceased had gone missing, no suspicion was entertained at any juncture against accused and his name came to the surface only after crime was converted to one u/s 302 IPC -..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Statement of victim shows that act of accused travels only upto offence defined u/s 354 IPC - Three witnesses mentioned in charge sheet not examined - Independent witness not examined though mentioned in FIR - Old enmity with complainant has also been pleaded by accused - There is no independent witness..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely having an extramarital relationship may not be sufficient to prosecute a person for offence u/s 306 IPC - But when mental or physical cruelty is meted out to deceased for having an extramarital relation, then it would certainly amount to abetment of suicide...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Prima facie evidence on record that accused had played an active role in instigating or adding commission of suicide by deceased by pressuring her to have physical relationship with him as well as to leave her husband and to marry him by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376 -- Penetrative sexual assault - Determination of age of victim - Victim was a child and her age was 15 years at the relevant time as per oral evidence of Clerk of High School and documents corroborating his oral version - She was found to be pregnant of 8 months when she..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376 -- Penetrative sexual assault - Victim who was minor not only subjected to aggravated penetrative sexual assault by accused but he had also impregnated her as a consequence of such sexual assault - She died after delivering a child - Evidence of Doctors coupled with DNA..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376 -- Penetrative sexual assault - Reduction of sentence - Considering the young age of accused and his future prospects in his profession as a Disk Jocky as well as fact of his willingness to provide adequate compensation to Child, no fruitful purpose would be served in..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of twin sister of victim - DW2 sister of victim asked victim about the incident whereupon victim stated that case was filed as instructed by their mother and grandmother - Victim also told DW2 that..........
