Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to offer..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - Allegation against husband and i, laws of deceased - General allegation of demanding dowry was made against accused persons - No specific role assigned to any of accused - Though deceased died within 3 years of her marriage but there is no evidence on record to show that death of deceased was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Age of prosecutrix - Nothing divulged as to what was exact date of birth of prosecutrix - No supporting document like birth certificate or school record was produced or proved - Apparently, prosecutrix and her family members attempted to conceal exact age of prosecutrix which was crucial to ascertain guilt of..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Consensual act - Version of prosecutrix is not at all consistent, as she has given conflicting and divergent versions at different stages of investigation/trial - Initially, she did not bring it to notice of her parents and family members her ordeal at any stage - No such incident..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Compensation - Prosecutrix repeatedly exploited by several people including accused and child born to her proves to be A-2 and there is no evidence that prosecutrix ever demanded any money from accused before offering herself for sexual relationship as such she is entitled for..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Recovery of weapon of offence - Mere recovery of lathi from house of accused is not enough to point out finger to accused, particularly, when I.O. has not sent exhibits to FSL for examination...........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3 -- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 505(1)(c), 509, Tamil Nadu Prohibition of Women Harassment Act, 2002, Section 4 -- Anticipatory bail - Outraging modesty of women on facebook - Controversial post on facebook degrading women journalists - Amounts to violation of constitutional rights of women - Bail rightly rejected...........
Indian Penal Code, 1860, Section 304, 308, 323 -- Offence u/ss 304, 308, 323 IPC - FIR lodged promptly - Three witnesses of facts specifically stated that accused committed crime - Statement of injured eye witness/PW7 being son of accused fully corroborated by medical evidence - No major discrepancy found in testimony of PW7 and his presence on the scene of occurrence..........
