Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201 -- Rape and murder - Death sentence - Last seen evidence - Rape of 4 years old girl by 47 years old accused - Accused was seen by 5 PWs taking minor girl on his cycle and one of them was a shopkeeper from whom accused purchased chocolate for her - No contradictions in testimonies of these PWs - After committing..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201, Evidence Act, 1872, Section 27 -- Rape and murder - Death sentence - Recoveries at the instance of accused - Accused led to discovery of dead body of deceased, place where he washed his clothes and stones smeared with blood as exclusively in the knowledge of accused - Blood on these recoveries was matched with..........
Indian Penal Code, 1860, Section 498A -- Term `relative of husband of a woman' - Meaning - Relative who is not related by blood, marriage or adoption with husband of woman cannot be included in terms `relative of husband of woman'...........
Criminal Procedure Code, 1973, Section 53 -- DNA profiling test - Art.20(3) of Constitution does not extend to protecting such an accused from being compelled to give his sample of blood etc. for the purposes mentioned in S.53 Cr.P.C. during course of investigation into an offence...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Sole eye witness - Accused attacked deceased and PW9 with iron rods - PW9 eye witness sustained injuries on his head therefore his presence at the spot is not disputed - Testimony of PW9 corroborated by PW8 who although reached the spot after the incident but heard the deceased naming accused as his attackers -..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 3-1/2 years old - Appeal against acquittal - Prosecutrix identified accused as the person who ravished her and described the sufficient detail of incident of rape - No worthwhile cross-examination by accused - Testimony of prosecutrix is reliable and corroborated by presence of blood of prosecutrix on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses - Two accused persons attacked deceased by knife on account of previous enmity - Evidence of eye witnesses believable as clothes worn by eye witnesses and deceased at the time of incident were stained with human blood with same blood group which is also on the weapon of offence which was recovered from the..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Reliability of complainant - Nothing on record to disbelieve that deceased and complainant were not going together at the time of occurrence - Presence of complainant and deceased may not be denied on the ground that no blood stain was found on his clothes or body - Their presence at the time of occurrence said..........
Indian Penal Code, 1860, Section 376, 342, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge - Prosecution of petitioners at the instance of prosecutrix completely malicious and malafide - Story set up by prosecutrix bereft of truth and appears to be false, improbable and unnatural - Prosecutrix did not come ahead to give her blood samples for DNA in..........
Indian Penal Code, 1860, Section 302, 452, 34 -- Murder - FSL report confirmed the brutal killing of deceased which was result of attack on his body with various weapons - Post-mortem report also confirmed the injuries found on the body of deceased - All PWs supported prosecution story - I.O able to recover the blood stained clothes, soil and other materials - Prosecution..........
