Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive attributed to accused proved on record - Version of PW1 has been duly corroborated by PW3 - Even, accused did not made any complaint that his extra judicial confession was obtained by coercion - Cause of death as per post mortem reports duly proved..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence on record shows that accused and prosecutrix were out together that night and that prior to the incident, there were talks of their marriage and same was known to villagers - In this background, there is possibility of accused being falsely implicated for rape..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Indian Penal Code, 1860, Section 506 -- Offence u/ss 3, 4 of POCSO Act and S.506 IPC - Reduction of sentence - Accused was 20 years of age at the time of incident - It cannot be said that there is no possibility of reform in him - Medical report of victim shows that she did not sustain some alarming..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Juvenile - Bail - Murder - No specific role of juvenile shown in impugned order of rejecting bail application - Impugned order set aside - Bail granted to..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
