Indian Penal Code, 1860, Section 300 - - Right to private defence - Cannot be claimed by accused, if disproportionate harm is caused, while defending himself or any other person - However, if accused has not caused disproportionate harm, then benefit of S.300 Exception II IPC can be given to accused...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred when deceased aimed a rifle at accused and due to altercation between them, accused used his gun to fire at deceased - Fire by accused is due to threat perception created by deceased in the mind of accused - Case of accused would fall under ambit of right to private defence, however,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 109 -- Bail - Rape case - Prosecutrix had prior acquaintance with accused - Accused insisted prosecutrix to meet him - Though initially prosecutrix refused to come but fact remains that she of her own volition joined the company of petitioner - Prosecutrix kept mum throughout during her..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 149 -- Framing of charge - Unlawful assembly - Non recovery of weapon - Non-recovery of weapon of offence, has no effect on framing of charge as there is specific allegation and injuries caused to complainant party - Charges rightly, framed - Petition dismissed...........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Immoral character of prosecutrix - Woman of easy virtue could not be raped by person for that reason...........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Conviction on sole testimony of prosecutrix - Corroboration is not sine qua non for conviction in rape case - If evidence of victim does not suffer from any basic infirmity and probabilities factor does not render it unworthy of credence, as general rule, there is no reason to insist on corroboration except from medical..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Reversal of order of conviction - Trial Court which found testimony of prosecutrix reliable being corroborated by her mother's evidence, medical evidence, FSL report and other circumstances viz. absence of motive for any false implication etc. - High Court erred in brushing aside the evidence of prosecutrix and reversing..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Circumstantial evidence - Delay in recording statement of key witnesses, not explained - In the chain of circumstances viz., recovery of dead body, recovery of clothes and car of deceased at instance of A-3, and motive for commission of crime, not conclusively proved by prosecution - No evidence to prove that A-3..........
Indian Penal Code, 1860, Section 295A, Information Technology Act, 2000, Section 66, 67, Criminal Procedure Code, 1973, Section 439 -- Allegation levelled in FIR is that applicant is in whatsapp group - No direct role assigned to him - Role of applicant as per allegation appears to be distinguishable from other co-accused - Applicant has no criminal history - Charge sheet..........
Criminal Procedure Code, 1973, Section 154, 482, Arms Act, 1959, Section 25(1b)(a), 27 -- Two FIRs - Quashing of second FIR - Offence u/ss 25(1b)(a), 27 IPC - For same occurrence no two FIRs could be allowed to survive - However, narration of both the cases in hand are distinct to each other, as present case is for recovery of arms and ammunition and earlier case relates..........
