Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 202 -- Medical negligence - Death of newly born child - Summoning of doctor - Child not born hale and hearty and suffering from diseases - Evidence on record shows that child was shifted to another hospital very next date of birth - No evidence that doctor was negligent - Order refusing to summon..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted four stab wounds to deceased and inflicted one stab wound to PW7 - Ocular version is duly corroborated by medical evidence - Presence of PW7 at the spot cannot be doubted - PW7 and PW8 had no reason to falsely involve accused in the case - Since deceased had suffered four stab..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 99% burn injuries - Accused neither present at the time when dead body was identified nor present at the time of post mortem examination - Death occurred in the house of accused and they have to explain circumstances which were within their specific knowledge u/s 106 of Evidence Act -..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Unnatural offence - Victim stated that accused committed carnal intercourse with him and had left him after three/four hours - However, said version of victim not corroborated by medical evidence - Victim stated that he was bleeding from his anus, but said fact..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - PW8, sister of deceased had seen accused leaving the spot and her sister/deceased was in flames in kitchen - Presence of PW8 at the spot is natural and cannot be doubted, as PW8 residing in same house along with accused and deceased - Mere recovery of one plastic can from..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Prosecutrix was minor on the date of incident is proved on record - Accused kidnapped prosecutrix from lawful guardianship of her grandfather - Statement of prosecutrix that she was subjected to sexual assault by accused is duly corroborated by testimony of medical officer - Offence in question is made out..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - High speed alone cannot be the sole criteria to determine rashness and negligence...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - There cannot be any presumption of rashness or negligence - Onus is always upon prosecution to prove beyond reasonable doubt that vehicle in question was being driven rashly and negligently...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - None of material PWs have specifically stated anything with regard to rash and negligent driving - Identity of driver of offending vehicle at the time of accident not established - Contradictions and inconsistency found in evidence of these witnesses - High speed alone cannot be sole..........
