Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
Indian Penal Code, 1860, Section 302, 304(Part II), 100 -- Nature of offence - Right of private defence - Case of accused is that he wielded tangi in self defence - Tangi came into hands of accused when he was trying to protect himself from being hit by PW3 - Accused also injured on the head during incident and remained in hospital for 8 days - Prosecution failed to..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Three accused convicted for the offence punishable u/s 302 - Recovery of katta at the instance of A1 disbelieved and FSL report does not establish that said katta was used in the commission of offence - Neither arrest of A1 nor recovery of bloodstained t-shirt at his instance..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Witness of Last seen theory is not reliable, as PW7 remained silent for 2 months after the occurrence itself and PW8 also suffers from the same shortcomings - Said witnesses were shown to be roped by police as an after thought in order to put..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 452, 506 -- Sexual assault - Medical evidence - Prosecutrix was menstruating on the date of alleged incident and no injury on any part of body of prosecutrix was noticed/found at the time of medical examination - Human semen was detected on underwear of accused but as per FSL..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 452, 506 -- Sexual assault - Story put forth by prosecutrix regarding entry of accused in the room and thereafter ravished her is wholly unbelievable and untrustworthy in absence of any corroborative piece of evidence - There is no explanation available on record that how..........
Indian Penal Code, 1860, Section 302, 324, 84 -- Murder - Plea of insanity - Accused was a chronic patient of psychotics as per fresh medical report - Sister and mother of accused stated that accused had to be tied up at times and was unable to take care of himself including clothing on his person - Prosecution did not deny the fact of treatment of accused by Psychiatrist,..........
Indian Penal Code, 1860, Section 325, 341, 323, 294, 448, 506, 354 -- Offence u/ss 325, 341, 323, 294, 448, 506, 354 IPC - Order taking cognizance - No prima facie evidence on record to show that A-1 voluntarily caused any grievous hurt to complainant as designated u/s 320 IPC - Basic ingredients of S.325 IPC thus, not attracted - However, there is prima facie material on..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Indian Penal Code, 1860, Section 399, 402, 428 -- Preparation to commit dacoity - Secret information - Mere assemblage will not attract application of Ss.399, 402 IPC, unless and until there happens to be assemblage for the purpose of commission of dacoity which prosecution is under obligation to properly identify - Accused acquitted...........
