Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Reduction of sentence - Accused `L' has died while serving out the sentence - Accused `N' is in custody since 2014 and has almost completed more than six years of sentence awarded - Moreover, since charge proved against accused `N' is of an abettor,..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident - Deceased child died due to head injuries sustained in the accident - Evidence of eye witnesses coupled with medical evidence are cogent, consistent and convincing - Accused was present at the time of occurrence as per Mahazar witnesses - Discrepancy with regard to type and nature of..........
Indian Penal Code, 1860, Section 304(Part II), 323, 325, 34 -- Nature of offence - Sudden fight between parties - Only bamboo was used during said fight and it was accused who allegedly gave blow on head of deceased by a lathi like object - No deadly weapon was used by accused - Nature of weapon used during said fight goes to show that assailants might not have any..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 118 -- Murder - Chance witness - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Presence of witnesses near place of occurrence was natural and their testimony of crime was cogent and consistent - Courts below erred in not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Indian Penal Code, 1860, Section 364A -- Offence u/s 364-A IPC - Appeal against acquittal - There is no independent evaluation of evidence or for that matter of submissions which were recorded by High Court - While deciding criminal appeal on merits, High Court was required to apply its minds to entirety of case including evidence on record before arriving at its..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual harassment - Victim on fateful day visited the house of her friend/PW5, where accused also entered and locked the room and sexually harassed her - In the meantime, when both victim and her friend cried out, accused fled away from the place - No..........
