Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Victim was already married - Appellant contended that some lenient view may be taken in the matter of sentence - Contention rejected, as minimum prescribed punishment was imposed upon appellant by Trial Court, therefore, no further..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against sisters of husband - Taunting wife on the ground of not being able to conceive cannot be taken as sufficient grounds for continuation of proceedings against petitioners u/s 498-A IPC and Ss.3, 4 of DP Act - Proceedings qua sisters of husband..........
Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Evidence on record shows that there was some misunderstanding between deceased and accused at one point of time, however, same does not establish the motive for committing the murder of deceased by accused - Acquittal upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused being the driver of offending vehicle stands established not only by oral evidence but also on the documentary evidence on record, especially indemnity bond executed by owner of vehicle - Further, accident is not in dispute though accused has tried to deny the same at the time of recording..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
