Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only objective evidence which has come is that phone from which calls were made to deceased before his death was recovered on disclosure of co-accused - However, there is no evidence of rest of the links of case of circumstantial evidence - Unsafe to base..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376/506 IPC and Ss.3/4 of POCSO Act - Punishment not to be made under both the provisions of IPC and POCSO Act - Punishment higher in degree for one and same offence, as provided under POCSO Act and IPC is to be chosen and awarded...........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Rape - Sentence u/s 376 IPC and Ss.3/4 POCSO Act - Punishment not to be made under both the provisions - Punishment higher in degree under POCSO Act and IPC is to be chosen and awarded - Sentence u/s 4 of POCSO Act is greater in degree then of IPC - No..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Conduct of witnesses is inexplicable and incredible as if they had seen the blow being inflicted their first duty would have been to step forward to intercede - Even, after informing the father, they did not go back to see the condition of deceased but rather..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act and Ss.498-A, 323, 504, 506 IPC - No sufficient material on record prima facie to arrive at conclusion that offence under..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
