Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - No allegation of rape was ever brought by victim against A-2 and A-3 - Victim stated they were only present during alleged incident - Since case of kidnapping or rape has not been proved against him as such A-2 acquitted...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Compromise - Parties are brothers and belong to same family - Matter has been amicably settled between them - Sentence awarded to appellant reduced to period already undergone by them - However, fine amount remains same - Sum of Rs.10,000 is imposed as cost of proceedings...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/s 326 IPC - Mere presence or participation with simple lathi blows does not establish common intention to commit offence u/s 326 IPC...........
Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
