Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Suspension of sentence of conviction - Contraband - Body of appellants and thereafter vehicle were searched - Such search was stated to be done in presence of Gazetted Officer - But said Gazetted Officer was not examined as a witness nor his presence..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Service -- Release of offender on probation in criminal proceeding - Does not obliterate the stigma of conviction...........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Victim is a minor below 12 years of age and therefore, question of consent does not arise at all - In view of S.114(a) of Evidence Act, once victim has stated in her evidence that she did not consent to sexual act,..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Medical evidence is consistent with prosecution version and has not been effectively challenged by defence - No material has been brought on record to show any prior animosity or motive strong enough for mother to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
