Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of PW1 - Deceased was sleeping with her two sisters including PW2 in a room, but PW2 had not seen person who caused homicidal death of deceased in the night - Testimony of PW1 not corroborated by PW2 - Unusual conduct of PW1 in not asking anybody available inside room, leaves enough room to suspect his motive..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Contradiction between medical evidence and ocular testimony of sole eye witness - Prosecution failed to provide any corroboration from any other source - Sole eye witness is not reliable - In such circumstances, absence of motive creates a dent - Accused has not attempted to maintain secrecy,..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Criminal Procedure Code, 1973, Section 273, 284, 285, 286, 287, 288, 289 -- FIR u/ss 406, 498-A IPC lodged by father alleging torture of her daughter for insufficient dowry and misappropriation of dowry articles - Daughter sought to be examined through video conferencing as she is currently not in India as she is awaiting permanent residence status in foreign country and..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that accused uttered defamatory and derogatory statements against Chief Minister of State which injured her credit and reputation in minds of public at large - However, statements are political digs taken by one party against other party in a political battlefield and it is not against any individual in..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Complainant stated that accused was having relations with wife of deceased, due to which accused committed murder of deceased - However, said allegation is not reflected in FIR, rather it was the case of complainant that some unknown person had committed..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PW9, witness of last seen evidence not supported prosecution case - PW8, other witness had not categorically deposed that accused and deceased had left together towards any particular direction - Statement of PW8 fails to establish circumstance of last seen of deceased in..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW15, wife of deceased stated that accused told her that he murdered deceased - However, said fact is not incorporated in FIR - Statement of PW15 thus, rendered doubtful with regard to involvement of accused in crime - Postmortem report of deceased shows that deceased had suffered incised wound..........
