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..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of daughter by her own father - Testimony of prosecutrix - There are discrepancies, inconsistencies and contradictions in testimony of prosecutrix - Medical evidence also not supported her version - No sign of any injury over body of prosecutrix was found - It is evidently clear from evidence on record that it was not her..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
