Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Prosecution allegation that four unknown persons committed murder and took away ornaments - One of the accused arrested after 6 years and gold ornaments recovered from him - No identification parade held - Witness identified the accused for the first time in court after gap of 7 years - Held,..........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 6 years - Rape proved but prosecution failed to prove that it is accused who committed it - Prosecutrix had seen the accused for the first time on the day of occurrence only but prosecution failed to conduct identification parade - Delay of 18 hours in lodging FIR - Testimony of PWs1 & 2 not inspiring - Prosecution..........
Indian Penal Code, 1860, Section 376(2)(g), 452, 323, 34 -- Gang rape - Appellant not caught at the place of occurrence - No evidence led to show the presence of appellant at the spot of occurrence or to have participated in the crime - Identification of appellant for the first time in court is really of no consequence - Only evidence against the appellant was that his..........
Indian Penal Code, 1860, Section 376(2)(g), 323, 452, 34 -- Gang rape - Appellant not caught at the place of occurrence - Identification of appellant for the first time in Court has no evidentiary value - Only evidence against appellant was that his name was similar to one of the names which the accused persons were addressing each other, as stated by prosecutrix - No..........
Indian Penal Code, 1860, Section 376(2)(g), 452, 323 -- Gang rape by house-trespassing - Appeal against conviction - No test identification parade conducted - Merely because accused name was similar to one of the names which accused persons were addressing each other, cannot be held to be incriminating material - In absence of evidence to show presence of accused at spot..........
Identification -- Even in darkness known persons can be identified from the manner of speech, style of walking and several other peculiar features...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Discrepancy as regards the place of occurrence - Discrepancies also on several vital aspects like non disclosure and non possibility of identification - Acquittal calls for no interference...........
Evidence Act, 1872, Section 9 -- Voice identification - Witness not closely acquainted with the accused to even identify him from his voice and that too from very short replies given by him - Evidence of identification - Unreliable...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Rash and negligent driving - Statement of witness that accused did not stop car even after impact and continued dragging victim leading to his death - Another witness stated that one boy and girl getting down from damaged BMW car immediately after alleged occurrence - Petitioner was arrested on..........
Evidence Act, 1872, Section 9 -- Test Identification parade - Not a substantive piece of evidence - It is only a corroborative piece of evidence of identification - Dock identification (identification of the accused in Court) is substantial evidence and it can be accepted if otherwise found to be reliable...........
