Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - If victim was above 18 years at the time of alleged offence, provision of Ss.361 and 363 IPC could not have been invoked...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Incident is alleged to have occurred in 1997, while trial took place in the year 2005, approximately eight years after the date of incident - No identification parade was conducted in the case - Though identification by a witness for the first time in witness box would be permissible, but substantial gap of..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - When Court want to apply S.113-A of Evidence Act, condition precedent is that there has to be first some cogent evidence as regards cruelty & harassment - In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Allegation against brother-in-law of deceased - No evidence on record that appellant abetted commission of suicide - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 436, 34 -- Summoning of additional accused - Offence u/ss 436, 34 IPC - Eye witness/PW1 of incident clearly deposed that petitioners had set the house of informant to fire resulting into destruction of his house and household items - His evidence does not appear to be demolished even after his..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
