Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Sole testimony of PW2 - Cross-examination of PW2 would reveal that he has fully improved his case in his examination-in-chief - PW2 has narrated what does not find place in his statement u/s 161 Cr.P.C - Evidence of PW2 is totally contradictory and therefore totally unworthy - Apart from testimony..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Corroboration from medical evidence is not sine qua non when cogent evidence of victim is available...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not an essential requirement for conviction in cases of rape...........
Indian Penal Code, 1860, Section 376(2), 450 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix was entirely probable, natural and trustworthy who with lucidity narrated whole incident about commission of offence against her by accused - Testimony of brother of victim as a child witness was rationally and logically supportive of what prosecutrix narrated - Factum..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 364A, 307, 379B, 482, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 364-A, 307, 379-B, 482, 34 IPC - Considering the time which is likely to take for turn of appeal for actual hearing, amount of ransom being Rs.50,000, coupled with gunshot injury on leg (right..........
Indian Penal Code, 1860, Section 506(i), 503 -- Criminal intimidation - Imaginary or hypothetical fear inferred by assertion allegedly made by a man during course of a heated conversation that too in the matter relating to family relationship over telephone from a faraway place, cannot be treated as an intimidation as contemplated u/s 503 IPC...........
Indian Penal Code, 1860, Section 506(i) -- Criminal intimidation - Alleged threatening over telephone made by accused from abroad that he would kill complainant and her child, cannot be said to have caused instant fear upon complainant - Accused rightly discharged...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and complainant who were cohabiting for a long period, have been indulging in sexual relationship between them with the belief that they were husband and wife - It cannot be said that consent which complainant extended to accused for sexual relationship was vitiated by misconception of facts - Offence of rape not..........
Indian Penal Code, 1860, Section 376(2)(n), 294(b), 341, 323, 324, 452 -- Rape - Main offence of rape is found to be false and baseless - Other offences which are incidental to offence of rape also cannot be said to have been committed by accused - Moreover, nothing brought out to show that other offences are attracted - Accused rightly discharged...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused cannot be held guilty of offence of murder solely on basis of medical evidence...........
