Indian Penal Code, 1860, Section 376 -- Rape of 3-1/2 years girl child - Reduction of sentence - Victim was young child of 3-1/2 years of age who fortunately survived on account of proper assistance being rendered to her - Accused was 22 years of age and there is no past history of any crime, sexual or otherwise - Jail conduct of accused is also good - Sentence of accused..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Injuries caused while boarding bus from the front door, as driver drove the bus - Duty of driver is to concentrate on the road and not on the passengers - Primary duty to keep an eye on passengers is of the conductor - Conductor not an accused in the case - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between two brothers - Accused had not come armed to spot with a weapon of offence - No witness has testified as to any past enmity and acrimony between two brothers - No external injuries were present and noticed in rib area - There is hardly any evidence to suggest and show that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel took place between parties abruptly and suddenly - Accused as well as deceased were under the effect of intoxication - In this scuffle, accused inflicted blows of Chimta held by him on person of deceased without any premeditation and without intending to cause him such injuries which could..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Allegation that accused poured kerosene oil on deceased and set her ablaze - Accused also sustained 18% burn injuries - Deceased stated that accused embraced her and when he left after the occurrence made her to think that he is trying to get vehicle to take her to hospital..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Quashing of investigation and proceedings in FIR - No material found in investigation to connect petitioner with crime - Only allegation against petitioner is that he abetted the offenders - Offenders against whom police filed charge sheet stands acquitted by Court, hence no offence whatsoever is made out against..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without any premeditation in a sudden fight in heat of passion upon a sudden quarrel, when deceased attempted entry into house of accused and attempted to assault and molest his wife - Accused neither take any undue advantage nor acted in a cruel or unusual manner - Act of accused..........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Accused himself took the defence that he assaulted deceased in exercise of his right of private defence when deceased allegedly intrude inside his house and attempted to assault and molest his wife - One injury was caused to deceased, which was sufficient to cause..........
