Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Indian Penal Code, 1860, Section 302, 394, 411, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Version of facts stated in dying declaration are in enormous conflict with facts stated by eye witness and also location shown in site plan - Out of four eye witnesses cited by prosecution, three did not support prosecution story - Three independent witnesses..........
Indian Penal Code, 1860, Section 307, 325 -- Offence u/ss 307, 325 IPC - Accused and injured had no previous enmity - No document pertaining to treatment provided to injured proved on record - X-ray report of injured is suspicious - FIR was highly belated - Prosecution could not prove by clinching cogent evidence that injured received grievous or life threatening injuries..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be relied upon to convict accused, in case it inspires confidence and is acceptable in Court as reliable, cogent and trustworthy and in such eventuality no corroboration would be required to rely her solitary evidence for convicting accused...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of rape is not an accomplice and there is no rule of law that testimony of prosecutrix cannot be acted upon without corroboration in material particulars rather she stands at a higher pedestal than an injured witness...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 293 -- Rape of daughter by her own father - Scientific evidence - DNA profiling - There was strong possibility of presence of traces of DNA profiling on bed sheet, as being father and daughter - However, it is not mentioned in report that these DNA profiling were obtained from semen on bed..........
