Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Victim was proved to be minor on the date of incident - There is thus, no question of consent - Victim clearly stated about incident and specifically stated that she was raped by accused and evidence is corroborated by medical reports because six..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Reduction of sentence - Accused spent 5 years and 2 months in jail and he is aged 31 years now - Victim is also in living relationship with another man - Accused belongs to rural family, his social and economic status is very poor - Sentence of accused..........
Indian Penal Code, 1860, Section 376(2)(n), 420, 450 -- Rape - False promise of marriage - Framing of charge - Case set up by prosecutrix that accused induced her under a false promise of marriage and thereafter fraudulently established physical relations with her, is not without any basis - After pursuing challan appears and statement of prosecutrix, Court committed no..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Plea for constitution of Court-monitored investigation/SIT to re-investigate - As per the report of SIT and objections filed by petitioners to said report, it would be appropriate that CBI look into the report of SIT and take decision in the matter...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Stabbing a person with knife near his vital organs - In most circumstances it will lead to death of victim - Offence squarely falls u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - S.307 IPC is attracted, if a person causes hurt with intention or knowledge that he may cause death...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - If assailant acts with intention or knowledge that such action might cause death, and hurt is caused, then provision of S.307 IPC is applicable - There is no requirement for the injury to be on a `vital part' of the body - Merely causing `hurt' is sufficient to attract S.307 IPC...........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Common intention - A2 and A3 are brothers of A-1 - Though A-2 and A-3 are present on the spot but they were not armed - No evidence brought on record that there was prior meeting of minds between accused and A-2 and A-3 were having knowledge that their brother A-1 was armed with katta - Evidence on record is not..........
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27 -- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Doctor/PW18 who recorded statement of deceased deposed that deceased was in a fit state of mind while making said declaration - Evidence of PW18 fully supported prosecution case - No material on record that deceased was tutored or prompted by anybody so as to create..........
