Indian Penal Code, 1860, Section 376, 376D -- Nature of offence - Rape or Gang rape - Accused had physical relationship with prosecutrix on more than one occasion and same was disclosed to her parents only when they had noticed her to be pregnant - Prosecutrix refers to incident on the day she was said to have been taken away by all accused - However, there is no evidence..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral testimony of PW1 and PW2 is corroborated by medical evidence - Contradictions and discrepancies in the oral testimonies of said PWs only indicate that PW1 has exaggerated some facts but testimony of both the witnesses on material points are consistent - PW1 and PW2 have seen the accused stabbing deceased and they have..........
Indian Penal Code, 1860, Section 302 -- Murder - Public witnesses stated that accused stabbed deceased with knife - All three public witnesses have reached at the place of occurrence, so it also appears to be natural and probable that deceased in injured condition told them the name of person who stabbed him - This evidence is relevant u/s 32 of the Act and is reliable -..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon of offence i.e knife - Recovery is made by I.O at the instance of accused at his pointing out the place - Knife was blood stained and was sent to forensic examination which confirms human blood on the knife - Fact of recovery is proved by PW3 and is reliable...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
Indian Penal Code, 1860, Section 376(2)(f), (i), (n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 10 -- Rape of daughter by her own father - Testimony of prosecutrix establishes that accused had sexually molested her even on previous day of date on which she narrated incident to her class teacher - First Information Statement of prosecutrix was..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Incident took place in the year 1983 about 38 years ago - Accused is 57-58 years of age now - Both the parties are distant relative - At this stage, it would not be proper to send accused to jail - Accused has suffered agony of conviction for more than 36 years - No criminal antecedents..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reprimanding a student for his indiscipline, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately and without any justifiable cause or reason...........
