Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that father has been living in adultery with married daughter/complainant is per se defamatory - Evidence tendered by mother is not admissible to prove that accused incorporated imputation in good faith in written statement - Accused thus, not entitled to protection u/s 499 Explanation 4, Exception 9th..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Reduction of sentence - A-1 is 77 years old now and A-2 is 55 years old - Civil case regarding property is pending between father and accused and accused made imputation against their sister/complainant in written statement - Parties are closely related - Accused have been defending the case for last 16 years -..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Indian Penal Code, 1860, Section 323, 452 -- Offence u/ss 323, 452 IPC - Reduction of sentence - Incident is of the year 2004 and more than 16 years have elapsed - Minimum punishment is not prescribed u/ss 323, 452 IPC - It would be just and appropriate if sentence awarded to accused is reduced to period already undergone by him - Sentence reduced to period already..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-explanation of nature of injuries found on person of accused - All the injuries were superficial in nature - Their existence does not lead to any inference which can bring prosecution case under a cloud of doubt - More so, neither when questioned u/s 313 Cr.P.C, nor at any other stage of case, did accused claim to have..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Prior dispute between parties regarding bada, which led to incident, is a motive of crime as stated by informant - No significant cross-examination was undertaken by defence from informant on this aspect - Factum of motive to commit offence is well established against accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence - Accused gave voluntary information u/s 27 of Evidence Act which led to recovery of weapon of offence i.e blood stained knife - When accused was arrested, he was wearing blood stained clothes which was seized - Blood stained knife, blood stained clothes and soil..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Enticement - Enticement need not be direct to immediate in time and can also be through subtle actions like winning over affection of a minor girl...........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Mere recovery of a missing minor from custody of a stranger would not ipso facto establish offence of kidnapping - Thus, where prosecution failed to prove that incident of removal was committed by or at the instigation of accused, it would nearly be impossible to bring guilt home...........
