Indian Penal Code, 1860, Section 302, 363, 377, 201, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Murder - Circumstantial evidence - Last seen theory not proved - Testimony of mother of deceased is doubtful - None of recovered articles match with accused - Chain of evidence is not complete - Prosecution has failed to establish the guilt of accused..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Indian Penal Code, 1860, Section 363, 364A -- Kidnapping of 8 years old boy - Victim kidnapped from lawful guardianship of PW1 and PW3 - On the main incident, version of victim/child has not been shaken in cross-examination - PW1 and PW2 proved that they received a call from someone demanding ransom and person threatened to kill their son in case ransom is not paid -..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused - Prime witness for proving the disclosure statement is PW1, whose testimony has failed to inspire confidence of Court in the light of contradictions, multiplicity of versions and material improvements - Other witness..........
Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Determination of age of prosecutrix - Date of birth of prosecutrix is mentioned on school register as well as admission card as 25.9.2014 - Prosecutrix was only 6 years old at the time of incident - Age of..........
Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Accused took the prosecutrix and went to his closed room, therein, he took the prosecutrix in his lap and wanted to give her a bite, during that time, he was rubbing in her thigh - Act of accused is sufficient..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366 -- Anticipatory bail - Kidnapping - Victim was 17-1/2 years old girl at the time of incident and is minor but she alleged that she had left her father's protection knowingly and having capacity to know the full import of what she was doing and that she voluntarily joined the accused - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping - Accused allegedly kidnapped victim and also committed act of aggravated penetrative sexual assault upon her - However, statements of prosecutrix, her father, brother and village Sarpanch shows that..........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - A parent cannot be held guilty of offence of kidnapping as both the parents of child are her equal natural guardians...........
