Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 384, 511 -- Quashing of FIR - Offence u/ss 306, 384, 511 IPC - Direct role and involvement of accused in crime is apparent from perusal of FIR - Investigation of case is still going on - At the preliminary stage, it cannot be said that FIR is liable to be quashed - Application for quashing..........
Indian Penal Code, 1860, Section 363, 376(2)(f) -- Kidnapping and rape of 9 years old minor girl - Accused under the influence of liquor committed rape upon prosecutrix - Prosecutrix had suffered injuries on her face - Doctor who examined victim found that face of victim was swollen and her eyes were congested - Prosecutrix stated that she could not immediately identify..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14), 2(12), 37(1)(c) -- Child in need of care and protection - Habeas corpus petition - Corpus is in care and protection of Nari Niketan, upon finding her to be minor - Once corpus is found a child as defined u/s 2(12) of the Act and allegedly a victim of a crime, she would fall in category of child in..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/s 304(Part II), 34 IPC - Reduction of sentence - Incident happened in 1995 - Alleged unfortunate incident took place between two group of young boys without any premeditation - Accused has no previous criminal record - He has served sentence of more than 3 years and five months - Considering nature of crime,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Motive of crime is that an altercation took place between accused and deceased about 10-15 days before the occurrence - However, details of same not given - No FIR of alleged altercation was registered - Accused were not armed with any weapon - PW7, brother of deceased had seen accused strangulating..........
Evidence Act, 1872, Section 118 -- Child witness - Prior to recording evidence of a child witness, trial Court must undertake exercise of posing relevant questions to determine the capacity of the child witness to provide rational answers - This exercise would allow Court to determine whether child has the intellectual and cognitive skills to recollect and narrate..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Cause of death was due to injury to vital organ i.e brain - Accused gave blow with reverse side of axe on vital part of deceased - Co-accused also gave beatings to deceased with iron rods - Accused thus, had intention to cause death of deceased - Motive of crime not proved by prosecution - Recoveries..........
Indian Penal Code, 1860, Section 302, 392, 34 -- Murder and robbery - Accused were present in all probabilities at the time of occurrence - They failed to explain any other reason of their presence - Accused even not questioned their identity by PW9 and PW1 - They have not doubted or condemned police officer of falsely planting any recovery on them - Accused having lastly..........
