Protection of Children from Sexual Offences Act, 2002, Section 6, 8, Evidence Act, 1872, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Conduct of prosecutrix pointing towards accused as the person soon after the incident which she was in a perplexed and nervous condition forms a part of transaction of incident itself and is thus admissible u/ss 6 and 8..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Accused convicted - Claiming party in sentence with other co-accused who were released on probation of good conduct - Parity claimed by accused is misconceived and cannot be granted to accused, as concession shown to other three accused was mainly on the ground of their extreme old age - Accused..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Victim stated that beatings were given all over her body by accused - However, injuries as per MLC are not substantiated by statement of victim - MLC shows that injuries were possible by fall from staircase - Victim is unreliable witness as she was not in a fit state of mind to make a statement..........
Evidence Act, 1872, Section 8 -- Subsequent conduct - No universal/straight jacket formula in drawing inferences from subsequent conduct of accused as it varies from every individual and is seldom dispositive of matter, though relevant u/s 8 of the Act...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Prosecution proved its case from the circumstantial evidence on record and conduct of accused showing his motive to commit the murder of deceased - Post mortem report of deceased duly exhibited and proved even in the absence of Doctor having appeared in witness box - Plea of..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband by way of administering poison - Circumstantial evidence - (i) Evidence on record proves that accused intended to kill deceased and purchased poison to cause the end of life of victim; (ii) nature of injuries caused to deceased proved to be case of forcible poisoning when deceased was trying to save..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or alternative charge as..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Prior enmity between parties - Injuries caused to both the sides - Accused had no intention to kill deceased, as in case accused had any intention, he had not taken the deceased and injured witness to hospital - However, conduct of accused dragging deceased who had multiple injuries on his..........
