Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Consent obtained by misconception of fact - Love affair between prosecutrix and accused - Prosecutrix was divorcee - It cannot be said that she was immature and was obvious of fact of life - Prosecutrix also knows that accused is already married and there is bleak possibility of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his wife/deceased under the pretext that she was afflicted by evil spirits - Assault was so brutal that deceased was killed on the spot - Accused as well as maternal family members of deceased are totally rustic, illiterate villagers and all of them misunderstood the symptoms of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Allegation that co-accused directed or instigated accused to drive jeep to run over deceased - However, evidence of PWs and dying declaration does not support such allegation - Disturbance caused at the place of incident between students and authority of college - Circumstances..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 59 -- Rape of minor girl - Determination of age - Date of birth mentioned in the transfer certificate would have no evidentiary value unless the person, who made the entry or who gave the date of birth is examined...........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Entries in school register/school leaving certificate are required to be proved in accordance with law and the standard of proof required in such cases remained the same as in any other civil or criminal cases...........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Prosecutrix transferred from another school but name of original school was not mentioned - When in the certificate name of original school from which student was transferred is not mentioned then such..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
