Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Criminal trial -- Sentence - Mitigating and aggravating factors - Mitigating factors are associated with criminal and aggravating factors are relatable to commission of crime...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 5A -- Parole - Likelihood of committing a crime while on parole would not be a sufficient ground to deny temporary release on parole...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 5A -- Parole - Merely likelihood of committing a crime is not to be taken as apprehension of threat to security of State or maintenance of public order...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 5A -- Parole - Mere fact that a person is convicted for offence does not mean that he will abscond or commit a crime if released on parole...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Crime alleging dowry death under further investigation against father - Merely because crime alleging dowry death is under further investigation, claim for custody of minor ward cannot be denied to father if he is otherwise legitimately entitled to custody especially when complaint against him was..........
