Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Age of prosecutrix 15 years 5 months - Consent would be wholly irrelevant...........
Indian Penal Code, 1860, Section 120B, 216, Evidence Act, 1872, Section 3 -- Offence u/ss 120-B, 216 IPC - Appreciation of evidence - There is neither any evidence of conspiracy that accused `P' had conspired with other accused persons or main accused `N' nor there is evidence on record that accused `P' knew the person in his house was criminal - Accused `P' wrongly..........
Indian Penal Code, 1860, Section 468, Evidence Act, 1872, Section 3 -- Offence u/s 468 IPC - Appreciation of evidence - There is no ocular evidence to show that accused `H' and `B' had prepared those fake documents - However, there is evidence that documents were handed over to them but that does not mean that they had forged the documents or licences for being given to..........
Indian Penal Code, 1860, Section 468, Evidence Act, 1872, Section 3 -- Offence u/s 468 IPC - Accused persons appear to be the agents in transport offices of Government - That by itself would not be enough to convict accused persons for serious offences...........
Indian Penal Code, 1860, Section 366A -- Kidnapping of two minor girls - No eye witness in the case except victim girls - No evidence on record that both the girls were induced with intent that they may be forced or seduced to have illicit intercourse with any person - They have not raised any objection at any point of time while travelling with accused in Tempo as well as..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Parties lived under same roof as man and wife - Petitioner filed rape case against opposite party, however there is finding that no rape committed on petitioner - Even if opposite party is prosecuted and convicted for offence u/ss 417, 418 IPC, it would not be evidence of domestic..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 467, 409, 471, 201 -- Bail - Offence u/ss 406, 420, 467, 409, 471, 201 - As per the allegations petitioner on the basis of forged documents treated the amount as donation and same deposited in the account of accused persons - However, said fact has been denied by the petitioner on the..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 500 -- Quashing of order - Order rejecting discharge application - Offence u/s 500 IPC - Allegations made against applicant in the complaint prima facie do not appear to have constituted any offence - Bald insinuations do not constitute a reasonable suspicion against anybody - Proceedings..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner was driver of school bus in which deceased travelled from school to his house - On reaching his house, he was dropped there and petitioner started bus and deceased who was crossing road got crushed under the bus - However, incident not taken place on..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Death by burning - Inconsistency between two dying declarations as to who set deceased on fire - Benefit of doubt thus, given to accused - Accused rightly acquitted...........
