Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106 -- Murder of two children by father - Deceased met with homicidal death in the house of accused, it is thus for accused to explain as to how they met with homicidal death in his house as per S.106 of Evidence Act - However, accused failed to explain such facts - Presence of accused at the relevant..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between lorry and two wheeler - Death of driver of two wheeler - Petitioner/driver of lorry dashed two wheeler driven by deceased from behind - Crushing of skull, lacerations extended up to brain and other injuries would confirm that lorry was driven in a rash and negligent manner with..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
Protection of Children from Sexual Offences Act, 2012, Section 42 -- Offence under POCSO Act and IPC - S.42 of POCSO Act, would make it clear that when the alleged acts or omissions constitute offence both under IPC and POCSO Act then, the law which prescribes the punishment of greater degree would have to be applied...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because in the medical evidence, there are no major injury marks, this cannot be a reason to discard the otherwise reliable evidence of prosecutrix - It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of victim and it depends on..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
