Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Allegation of rape is a matter of proof through reliable evidence and not a matter of conjectures...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused last seen in company of victim girl - Girl was murdered shortly after she went with accused and accused offered no explanation to such adverse factors - Chain of circumstantial evidence is complete and unerringly point to involvement of accused in causing death of victim girl to exclusion of..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Doctor who carried out post-mortem of dead body stated that it was so decomposed that it was not possible to state whether there was any penetrative sexual intercourse with victim girl - Even, in absence of eye-witness, prosecution could have produced..........
Indian Penal Code, 1860, Section 302 -- Murder of 6 year old girl - Death penalty - Mitigating circumstances - At the time of incident, accused was a young man aged about 25 years and had an old mother to support - Neither accused has criminal record nor he is habitual criminal - Therefore, while substituting death penalty accused sentenced to life imprisonment with a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 201, 120B -- Bail - Cheating - Petitioners along with accused persons cheated many innocent persons and illegally usurped huge amounts from them on pretext of managing jobs for them - There is possibility that in case petitioners are enlarged on bail they may flee from justice..........
Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive sentence already undergone by accused - Accused is a young person and only bread earner in the family - He is in jail since 2018 - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive period already served in jail by accused - Accused is a young person and only bread earner in the family - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Testimony of sole eye/child witness - Name of accused not mentioned in FIR - Contradictions were found in statement of child witness - Mother of child and wife of deceased has categorically denied to know reason for which deceased was murdered - Motive of crime thus, not proved - Guilt..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
