Criminal Procedure Code, 1973, Section 432, 433A, Indian Penal Code, 1860, Section 364A -- Pre-mature release - Kidnapping - Conduct of both the accused is more than satisfactory as per State's own affidavit - Accused have no material criminal antecedents and have served almost 16 years in jail - Although being 54 and 43 years old, they still have substantial years of life..........
Indian Penal Code, 1860, Section 34 -- Common intention - Once common intention is established between accused persons, role active or passive is irrelevant...........
Indian Penal Code, 1860, Section 34 -- Common intention - It is not necessary that before a person is convicted on the ground of common intention, he must be actively involved in physical activity of assault...........
Indian Penal Code, 1860, Section 34 -- Common intention - Vicarious liability - Foundation for conviction on basis of common intention is based on principle of vicarious responsibility by which a person is held to be answerable for acts of others with whom he shared common intention...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Identification of accused in dusk - Where parties were known to each other from before, therefore identification in dusk cannot be doubted...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Accused assaulted deceased when they were returning from market - Money dispute between parties is apparent from evidence of witnesses - Consistent evidence is on record of PWs 5, 7, 9 regarding identification of accused - One deceased died on the spot and other in the hospital - Common intention of accused..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Victim was 11+ at the time of occurrence of incident - Testimony of victim girl cannot in any way be said to be concocted and fabricated - Evidence of all PWs corroborative to evidence of victim - Claim of victim that she was sexually assaulted..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Absence of positive evidence with regard to age of prosecutrix on date of occurrence - Possibility of her being above age of eighteen years on the date cannot be ruled out - Benefit of doubt goes to accused...........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - No medical evidence on record to sustain conviction u/s 323 IPC - As regarding offence u/s 341 IPC is concerned, since prosecutrix herself stated that she had gone to live with accused for 15 days of her own volition, no offence therefore, made out against accused u/s 341 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
