Indian Penal Code, 1860, Section 460, 396 -- Offence u/ss 460, 396 IPC - No test identification parade of accused was conducted to establish their involvement in crime as well as there is nothing on record as to how involvement of accused in the case transpired during investigation - It would not be safe to base conviction of accused on basis of recoveries allegedly..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused being village administrative officers demanded Rs.600 to facilitate transfer of electric connection in the name of complainant - PW1 proved the sanction for prosecution - Inspector Crime Branch proved trap proceedings and recovery - False defence is taken by accused which..........
Indian Penal Code, 1860, Section 376 -- Rape of 3-1/2 years girl child - Reduction of sentence - Victim was young child of 3-1/2 years of age who fortunately survived on account of proper assistance being rendered to her - Accused was 22 years of age and there is no past history of any crime, sexual or otherwise - Jail conduct of accused is also good - Sentence of accused..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Quashing of investigation and proceedings in FIR - No material found in investigation to connect petitioner with crime - Only allegation against petitioner is that he abetted the offenders - Offenders against whom police filed charge sheet stands acquitted by Court, hence no offence whatsoever is made out against..........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - House trespass - Prosecution evidence lacks credence on many counts - There are doubts qua weapon of offence, identification of accused and that it was accused who caused injury on neck of complainant etc. - Intensity of evidence which is required to convict accused is certainly lacking - Motive of accused to..........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of dead body of deceased - Allegation that accused was seen carrying dead body of deceased in a rexin bag on the day after girl went missing - However, dead body was found after ten days - Post mortem conducted thereafter indicated time of death to be..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), 307, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping, rape and attempt to murder of 3-1/2 years old minor girl - Accused was not named in FIR, as he was not known to victim or complainant - Nobody seen accused committing crime, nor he could be got identified from victim being of tender..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
