Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Abetment may be by instigation, conspiracy or intentional aid as provided u/s 107 IPC - Offence of abetment by instigation depends upon intention of person who abets and not upon act which is done by person who was abetted to commit the act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and accused - However, their relationship was strongly disapproved by parents of deceased - Deceased was tormented as she felt that she would not be able to continue with her relationship with accused due to various..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Recovery of weapons - Weapons were recovered from scene of offence but not at the instance of accused persons - No evidence to corroborate the case of prosecution that said weapons were used in the commission of offence - Recovery witnesses turned hostile - Recovered weapons not sent for examination by FSL - Recovery,..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of PW1 to PW5 discarded being not proved - Recovery of MO also not proved, as recovery witnesses turned hostile - Inconsistency found between ocular evidence and medical evidence in respect of injuries to alleged eye witness and deceased and weapons used - Prosecution failed to prove its case - Accused..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Testimony of prosecutrix - Prosecutrix was 8 years old girl at the time of incident and if some questions were answered in the manner on which questions were put to her in cross-examination then on that basis her statement was not liable to be disbelieved - Her statement was fully supported by medical..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Prosecutrix was medically examined in the night itself in which injury on her private part was found - Sperm of human found on the underwear of prosecutrix - Medical evidence thus, fully supported the prosecution case - Evidence of PW2 and PW3 which are corroborative evidence of fact subsequent to incident..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Quantum of sentence - Accused is a married man having small children - He has no criminal history - Accused thus, sentenced to 15 years imprisonment with fine of Rs.20,000 and in case of default in payment of fine additional sentence of 3 months will be served by accused...........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 451, 353, 186, 189, 506, Prevention of Damage to Public Property Act, 1984, Section 3 -- Bail - Offence u/ss 451, 353, 186, 189, 506 IPC and S.3 of 1984 Act - Doubtful that occurrence took place in the manner as claimed by investigating agency - Genuineness of allegations of second instance also..........
