Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - None of the witness testimonies indicated premeditation of mind between the accused and co-accused - Further, the eyewitness/informant failed to mention in the FIR any active role of the accused in the alleged offence apart from the role of exhortation - Moreover, general..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of the accused on the spot is not sufficient to establish common intention of the accused...........
Indian Penal Code, 1860, Section 34 -- Common Intention - The accused who only keeps the common intention in his mind, but does not commit any act or omission, cannot be convicted with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common Intention - To ascertain common intention, the totality of circumstances must be taken into consideration in concluding whether the accused had such intention to commit an offence of which he could be convicted...........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 376 -- Rape - Non-availability of DNA report does not adversely affect case of prosecution...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
