Indian Penal Code, 1860, Section 376, 342 -- Rape - Delay in lodging FIR - FIR lodged on next day of incident in the morning, as incident occurred in the evening and since in the month of November, days are short and police station was at a distance of 26 kms from house of victim - Delay had been duly explained - Therefore, no benefit can be granted to appellant...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Sole testimony of victim - If statement of prosecutrix is worthy of credence, it requires no corroboration and can form the sole basis for conviction...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses PW4, PW5 and PW6 were declared hostile - These eyewitnesses during their depositions had stated that four or five persons came and attacked deceased - Post-mortem report identifies 26 injuries on the body of deceased, which are unlikely to be caused by a sole assailant and is more probable to be a result of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment or cruelty in the remote past cannot ipso facto amount to instigation or abetment to commit suicide unless conduct is proximate to act of suicide...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Vague statement made by PW4 that accused used to tell deceased to `go and die', cannot be taken into consideration and rightly discarded, particularly when PW4 failed to disclose as to when accused had asked deceased to `go and die'...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 106 -- Abetment of suicide - Accused stated in his statement u/s 313 Cr.P.C. that he was not at home at the time of incident - No evidence has been led by prosecution to rebut such assertion - Thus, no adverse inference can be drawn - Appellant acquitted...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide Incidents relied upon are stale and disconnected from the act of suicide - Material omissions in statements u/s 161 Cr.P.C. raise doubt on credibility of PWs - S.106 of Evidence Act cannot be pressed in aid due to lack of proximity or presence of accused - Conviction and sentence set aside - Appellant..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 342 -- Wrongful confinement - For wrongful confinement, it is not necessary that victim must be immobilized by tying his hands - Confinement within a room also would suffice in order to make out a prima facie case for framing charge for offence u/s 342 IPC...........
