Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Deceased stated in her dying declaration that accused trespassed in her house, raped her and poured kerosene oil upon her and set her ablaze - Dying declaration proved on record - FSL report does not advance case of accused in any manner merely because as..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Dying declaration - Nothing on record which dents statement made by deceased - Statement of deceased is reliable and gives cogent explanation of occurrence - Medical opinion with respect to condition of deceased before and while making her statement is on..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Nature of offence - Accused came to house of deceased armed with lathis bamboo sticks on account of death of their sister and where some quarrel took place and one fatal blow on head of deceased came to be made - It is not known out of three accused who caused fatal injury to deceased - No previous enmity between parties and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Cheating - Short payment of tax per se is not a criminal offence...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Cheating - Allegation of short payment of road tax in FIR and charge sheet - There is only a vague, bald allegation of collusion and conspiracy to defraud State of revenue, which is devoid of any material particulars - Filing of charge sheet against accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Accused has undergone actual imprisonment of 11 years - Ends of justice would be met by directing that instead of sentence of life imprisonment as imposed for conviction u/s 376 IPC, accused shall be sentenced to a term of 15 years imprisonment...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 148, 149 IPC - Matter between parties dissolved by entering into compromise - Offence u/ss 307, 148, 149 IPC is not compoundable u/s 320 Cr.P.C - However, all the accused are in their formative years of their lives - Considering..........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
