Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of eye witnesses - Eye witnesses PW3 & PW4 reached place of occurrence simultaneously and there is discrepancy between their statements regarding manner of incident - Both the eye witnesses are closely related to prosecutrix, their testimony could be doubtful on this count also and they could give false..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of prosecutrix - Prosecutrix stated that when she was going to attend nature's call, accused `S' caught hold of her from behind and got her mouth gagged and accused and co-accused dragged her inside the sugarcane field and committed rape upon her one by one - When accused committed rape she got an opportunity to..........
Indian Penal Code, 1860, Section 414, Criminal Procedure Code, 1973, Section 100 -- Offence u/s 414 IPC - Non-compliance of S.100 Cr.P.C - Accused convicted on basis of testimony of two witnesses, who were members of raiding team - Articles were seized from different places and different place of occurrence ought to have been proved by I.O - Non-examination of I.O in such..........
Indian Penal Code, 1860, Section 302 -- Murder - Role of accused in crime is proved by ocular version which is duly corroborated by medical evidence - Accused inflicted Phasra blow on neck of deceased and it is evident that intention of accused was to commit murder of deceased - Plea of accused regarding his age that he was minor at the time of incident is rejected being..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - No specific allegation qua ill-treatment, much less any demand of dowry finds mention qua both of accused - Vague allegations made against them - Even investigating agency during investigation did not find any complicity of both the accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 328, 376, 506 -- Bail - Offence u/ss 328, 376, 506 IPC - No doubt, prosecutrix was medico legally examined on same day of alleged occurrence and MLR findings are suggestive of the fact that prosecutrix had been sexually assaulted recently, but prosecutrix being a married lady and staying with her..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statement of deceased was recorded before his death in hospital - However, there is no consultation from doctor before recording such statement as to whether deceased was fit to give statement or not - PWs not supported prosecution story - Ocular evidence not corroborated by medical evidence - I.O had..........
Indian Penal Code, 1860, Section 302, 309 -- Murder - Allegation that accused along with her minor daughter jumped into well of village - Daughter of accused died after they were taken out of well though accused survived - Prosecution failed to produce any direct or circumstantial evidence which shows that accused had attempted to commit suicide and cause death of her..........
