Indian Penal Code, 1860, Section 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prima facie allegations bear out that prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive consensual relationship and submitting to desires of accused -..........
Indian Penal Code, 1860, Section 302, 376(2)(f), 342 -- Murder and rape - Death sentence - Circumstantial evidence - Eleven incriminating circumstances were proved on record against accused, which includes circumstance of last seen - Conduct of accused is gone into by Court when mother of deceased went to his house to enquire about her daughter and accused stated that he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 143, 147, 148, 427, 149, Prevention Of Damage to Public Property Act, 1984, Section 3(2) -- Bail - Violence in the campus - Damage to public and private properties - Total loss tentatively calculated by I.O. as Rs.2,55,000/- - Five persons arrayed as accused - Applicants in custody since 6.10.2018..........
Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of incident and that both were seen together..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW4, blacksmith - PW4 is well acquainted with accused and deceased - He identified spear which was seized by police as one which accused had got sharpened from him, which means that accused had made prior preparation with an intent to commit murder - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on external or internal parts of victim by itself cannot be a reason to disbelieve testimony of prosecutrix...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 506 -- Testimonies of child witnesses/victim - Rape of minor girls in Anganwadi center - Testimony of victim which is otherwise reliable and proved, would not render to be unbelievable, merely because suggestion was given that victim did not find any difficulty in urinating or passing stool or that she..........
