Criminal Procedure Code, 1973, Section 225 -- Public prosecutor - Duty of - Public prosecutor is not expected to show a thirst to reach the case in conviction of accused somehow or other, irrespective of true facts involved in the case - Expected attitude of public prosecutor while conducting prosecution must be couched in fairness not only to Court and to investigating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 35, 42, 50, 57 -- Recovery of contraband - Conviction - Validity - Accused persons travelling in auto rickshaw tried to flee on seeing police officials - After being searched they were found to be in possession of 750 ampules of Buprenorphine - Evidence of ASI corroborated by evidence of Excise Inspector..........
Indian Penal Code, 1860, Section 376, 363, 368 -- Kidnapping & Rape - Victim was kidnapped and was kept in the same village but no one came for help - It is not probable that a girl is kidnapped from the village and villagers will not come to rescue her - Accused persons were having gun and country made pistol but no such arms recovered from their possession - No..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen in the company of both the accused and thereafter his dead body was found lying in canal - Recovery of pistol at the instance of accused, recovery of spent cartridge from spot and further deceased was found dead after he was taken away from his house by..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused committed rape on prosecutrix and threatened her with dire consequences in case she disclosed the incident to anybody - Prosecutrix was more than 16 years of age - She was found to be carrying pregnancy of about 7-8 months - FIR lodged after 5-6 months of incident - It seems unnatural that prosecutrix as a well built..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Extra judicial confession - PW5 before whom extra-judicial confession was said to be made did not come before investigating officer at his own but was called by police - PW5 remained silent for 12 days without giving any explanation - Investigating officer also failed to explain as to why PW5..........
Indian Penal Code, 1860, Section 302, 304 (Part I) - - Nature of offence - Accused in drunken condition poured kerosene oil on his wife and set her on fire - Deceased died after 5 days of incident - When accused saw deceased in flames his intoxication disappeared at once and he made an effort to save his wife and accordingly poured water - Accused did not have any..........
Criminal trial -- Eye witness - If testimony of an eye witness is found reliable, conviction can be based solely on testimony of an eye witness...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of 13 years old girl - Accused inflicted injuries to deceased and twisted her neck which led to her instant death - Two eye witnesses, mother and uncle of deceased, supported prosecution case - Merely because these two witnesses are interested witnesses their testimony cannot be discarded -..........
Indian Penal Code, 1860, Section 302, Identification of Prisoners Act, 1920, Section 5 -- Murder - Appeal against conviction - Accused acquitted - Finger prints were not given by accused to I.O voluntarily, but perhaps unwittingly and in what seems to be deceitful manner - The appropriate course of action for investigating officer was to approach Magistrate for necessary..........
