Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Quashing of FIR - Offence is broadly committed against deceased - There can be no compromise with the dead man - FIR cannot be quashed on basis of compromise...........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6, Indian Penal Code, 1860, Section 506(i) -- Aggravated penetrative sexual assault - Testimony of victim - Victim girl is a minor - She deposed that she knows accused through phone - Victim refused to accompany accused, but accused taken her as her father called her so she went along with him - Accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Mere fact that no injuries were found on the private part of body of prosecutrix, cannot be a ground to hold that no rape was committed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Medical evidence - Allegation that accused after committing murder of deceased had thrown dead body on Railway Track - However, as per post mortem report, deceased suffered 14 ante mortem injuries - It is thus, evident that when body of deceased was crushed by running train, he was alive as all injuries..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Recovery of T-shirt worn by accused at the time of incident - Person who handed over T-shirt allegedly worn by accused at the time of incident to investigating agency was not examined during trial - Recovery not proved...........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 408, 471 -- Benefit of probation - Offence u/ss 408, 471 IPC - Accused was already acquitted from charge u/s 468 IPC - Maximum punishment prescribed u/s 408 IPC is 7 years and u/s 471 IPC is 2 years - Accused is not having any previous criminal antecedents - Benefit u/s 4 of Probation Act thus,..........
