Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 448 -- House trespass - Material contradiction is with regard to place of occurrence - Complainant stated that incident occurred inside her room, however, I.O found during investigation that place of occurrence is on road in front of house of complainant - If Sketch map and evidence of I.O is believed, then place of occurrence cannot be..........
Indian Penal Code, 1860, Section 307, 323, 325, 149, 148, 147, 143, 504, 506(2) -- Attempt to murder - Injuries sustained by complainant not serious - Injured has not given name of any other accused and he has changed his version time and again - There are contradiction in the weapons used in the scuffle as well as attempt of over implication of persons by complainant so..........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Minor omissions in evidence - Unless and until it is pointed out that omission or improvement goes to root of case, same cannot be treated as contradiction...........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Indian Penal Code, 1860, Section 376(2)(f), (i), (n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 10 -- Rape of daughter by her own father - Testimony of prosecutrix establishes that accused had sexually molested her even on previous day of date on which she narrated incident to her class teacher - First Information Statement of prosecutrix was..........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Previous statements of a witness - It is the right of every accused in a criminal trial to make use of previous statements of a witness including statements recorded by investigating agency during course of investigation for purpose of establishing contradiction in evidence or to discredit the..........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Accused poured acid over body of injured and beaten him by bricks and iron rod - Injured sustained injuries over his head, due to acid as his right eye was injured - No contradiction between medical and oral evidence - Evidence of injured is corroborated by evidence of eye witnesses and medical..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Evidence regarding exact date of birth of victim was not produced by prosecution - Evidence of approximate age cannot take place of proof of exact age - Conduct of victim depicts that she had voluntarily accompanied accused to different..........
Indian Penal Code, 1860, Section 376 -- Rape of mentally retarded girl - Prosecutrix did not support the prosecution case - She did not narrate even a single word against accused and about the incident - Even, mother of prosecutrix also did not support prosecution case - In absence of such evidence and in view of fact that victim was not even declared hostile by..........
