Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Indian Penal Code, 1860, Section 302 -- Murder of physically challenged daughter by her father - Victim died of blunt violence sustained to her head as per doctor who conducted autopsy on the body of victim - However, PW1/informant turned hostile to prosecution and deposed that victim died on account of a fall - Even, all the PWs turned hostile - Only evidence available in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused admittedly took loan from complainant - However, he failed to prove that he has discharged the entire loan liability - Signature on cheque is not denied by accused - Defence raised by accused not probable - Conviction upheld...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction cannot be based solely on the statements made by an accused u/s 313(1) Cr.P.C - Statements of accused cannot be considered in isolation but in conjunction with the evidence adduced by prosecution...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Indian Penal Code, 1860, Section 354D, 506 -- Offence u/ss 354-D, 506 IPC - Appeal against conviction - Complainant and accused have married each other during pendency of appeal which gives rise to a reasonable belief that both were involved in some kind of relationship even when offences were said to have been committed - Conviction and sentence set aside - Accused..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conviction of husband in a criminal case u/s 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards wife which entails her getting the divorce from her husband...........
Indian Penal Code, 1860, Section 395 -- Offence u/s 395 IPC - Identification of accused through TIP, recovery of stolen articles and corroborative evidence of PW2, PW7, PW8 established the commission of offence by accused - Miscreants had carried away the property being truck as well as snatched away the silver locket and wrist watch which was recovered later on - Three of..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Sexual assault - Incident had taken place in broad daylight in the presence of other people - It cannot be said that hand of prosecutrix was held by accused with sexual intent - Moreover, accused was in the state of insobriety and prosecution did not make any effort to examine accused upon his..........
