Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Non gazetted officer after obtaining consent of accused cannot conduct search and effect recovery - Mandatory provision of S.50 of the Act violated...........
Evidence Act, 1872, Section 24 -- Extra-judicial confession - Accused confessed his guilt before two witnesses immediately after commission of offence - Said fact is admitted by accused in his statement recorded u/s 313 Cr.P.C. - Moreover, it is apparent that post crime conduct of accused is voluntary and without any discrepancy in evidence of PWs - Therefore,..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Expression `soon before her death' - Does not mean mere lapse of sometime, which by itself will provide accused a defence - If course of conduct relating to cruelty or harassment is shown to have existed earlier in time, not too late and not too stale, before date..........
Criminal Procedure Code, 1973, Section 482 -- Impartial investigation - Courts cannot interfere in investigation - It is for I.O. to collect evidence against any of accused or he may find from investigation whether he is innocent or not - Court cannot direct I.O. to conduct investigation in specific way - If petitioner is aggrieved from fact that investigation is not being..........
Indian Penal Code, 1860, Section 304 - - Offence u/s 304 Part-I IPC - Reduction of sentence - Aggravating and mitigating circumstances - As per evidence on record incident was sparked by indecent behaviour of accused - However, accused is of young age and did not act in cruel or unusual manner as there was only one solitary gunshot wound on deceased - Even, accused is a..........
Indian Penal Code, 1860, Section 376D -- Gang rape - Sole testimony of prosecutrix - No evidence on record that prosecutrix was less than 18 years of age on date of incident - Prosecutrix did not allow her internal examination - She never resisted accused nor refused to sit on bike of accused - She did not raise any alarm nor attempted to flee even when other boys who..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused has gone missing immediately after death of his wife and was arrested after 15 days - Deceased was living with her husband/accused along with children - It was for accused to explain circumstances under which deceased died in his house, which he failed to explain -..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Prosecutrix aged 12 years kidnapped and raped by accused - Doctor who examined prosecutrix categorically opined that she was sexually exploited - Presence of accused `V' and `M' accompanied with main accused `R' established on record - Conviction of these accused thus maintained - As regarding..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction u/s 9 of the Act - Evidence on record prove that accused has committed sexual assault on prosecutrix but manner in which sexual assault is committed does not bring case within sweep of S.9 of the Act - Thus, accused deserves to be convicted for offence u/s 8 of the Act, which..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 154 -- Murder - Circumstantial evidence - Hostile witness - Close relatives of deceased not supported prosecution case in entirety and they were declared hostile - However, no family member have attended funeral of deceased - Conduct of witnesses is unusual, as they have tried to save accused by..........
