Indian Penal Code, 1860, Section 302, 34 -- Murder - Presence of complainant and PW2 at the place of occurrence is doubtful - Except evidence of said witnesses, no evidence relied upon by prosecution to strengthen its case - Rather version of defence as seen from evidence that complainant and accused person are related to each other and there was continuous enmity between..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Testimony of prosecutrix was perfectly reliable and fully corroborated by medical evidence - Accused himself not denied that he was caught hold by two witnesses just outside prosecutrix's house and no explanation given for the same - Medical reports indicates bruises on breasts of..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Quantum of sentence - Minimum sentence provided for offence u/s 376 IPC is 7 years and maximum sentence is 10 years or life imprisonment - Though trial Court while awarding life imprisonment of accused opined that maximum sentence of life is awarded to accused, as he being Sarpanch..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 323, 504 IPC and S.3(1)(x) SC/ST Act - Appeal against acquittal - Leave to appeal - Sequence of assault and injuries were not in corroboration with each other - There was variance of one and half hours in time of..........
Indian Penal Code, 1860, Section 366, 354 -- Kidnapping - Outraging modesty of woman - Allegation that accused dragged PW1 and victim, though PW1 was rescued and accused committed rape upon victim and her body was found hanging on tree next morning - Evidence of PW1 that they shouted but none came to their rescue, does not inspire confidence, as accused were dragging the..........
Indian Penal Code, 1860, Section 302, 365, 201, 34, Evidence Act, 1872, Section 3 -- Kidnapping and murder - Appreciation of evidence - There is direct evidence in the form of ocular testimonies which establish that present accused and others had kidnapped and had held their captivity - Further, there was no time gap or interregnum between disappearance and kidnapping -..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Tractor along with accused, deceased and eye witness rolled down for 10-15 feet - No injury sustained by accused as per prosecution - Fact that accused had not sustained any injury in accident seems improbable - Further, prosecution not offered any explanation for the same,..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days, which remained unexplained -..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Birth certificate produced by Head Master of Government Middle School is not admissible into evidence, as it does not establish actual age of prosecutrix - It was mandatory for prosecution to produce primary school certificate as well as..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix categorically stated that she performed marriage with accused and only thereafter they developed physical relations being husband and wife - Offence of rape thus, not established...........
