Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29, Customs Act, 1962, Section 108, Evidence Act, 1872, Section 25 -- Contraband - Conviction - Validity - Owner of car from which alleged recovery was effected has not been associated by prosecution - Two independent witnesses to alleged recovery not examined - Prosecution failed to prove that appellant..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Impleadment of LRs - Rationale behind - Held, person who had been convicted has basic human right to challenge judgment of conviction and to erase stigma of being convicted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder - Culpable homicide not amounting to murder - Proof - Accused persons formed an unlawful assembly with object of killing deceased - Blow landed on deceased by accused `P' brought deceased to ground whereupon accused persons continued brutalizing deceased with help of stones and crushed his head and squeezing his..........
Indian Penal Code, 1860, Section 361, 366A, 376 -- Kidnapping & rape - Minor girl - Proof - Evidence of prosecutrix shows that accused No.3 who was her school friend took her to house of her relatives and thereafter accused Nos.2, 3 & 5 took prosecutrix to different places and sold her to accused No.1 who raped her - Accused No.2 & 5 were posing themselves as mother and..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based solely on the evidence of eyewitness - Accused armed with weapon `Falia' and inflicted 2-3 times of Falia blows on the body of deceased - Eye witness wife of deceased was present at the time of incident and fled away when accused tried to caused her injury - Evidence of eye witness is fully reliable and..........
Indian Penal Code, 1860, Section 302, 457, 380, Evidence Act, 1872, Section 8, 106 -- Murder - Circumstantial evidence - Conduct of accused - Deceased left the house accompanied by accused and accused came back alone after 4 hours - It was within his exclusive knowledge as to what happened to deceased but he failed to give any explanation for his conduct - PW 10 who lives..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 5 days in lodging complaint - Except sister-i, law of complainant, no other witness to the incident and no other material evidence on record - Medical report indicating some scratch marks or bruises which may be several days old - Held, only on the basis of certain bruises and scratches on the body of complainant, it..........
Indian Penal Code, 1860, Section 302 -- Murder - Appellants have not raised the defence that due to ill treatment deceased has died, but it is case of prosecution that injury No.1 along with septicemia is cause of death - Held, when something has intervened between death and injury caused and the medical opinion is hesitant with regard to cause of death, case will fall u/s..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - Primary intention of unlawful assembly was to dispossess complainant party - Appellants aim was to assault PW1 and when deceased and others intervened, fatal injuries caused to deceased - Deceased died after 11 days - Eye witness support prosecution..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 20 -- Illegal gratification - Prosecution failed to discharge initial burden to prove payment of gratification by PW1 to appellants - Held, prosecution under shelter of S.20 cannot escape from responsibility to prove illegal gratification nor prosecution can be permitted to canvass for conviction of appellants merely by..........
