Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
