Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Evidence Act, 1872, Section 30 -- Joint Trial - Admissibility of confession of one accused against another accused - When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 27A, 29A -- Confession of co-accused - Offence u/ss 27-A, 29-A of the Act - Framing of charges against accused on basis of confession of co-accused not sustainable, particularly when no contraband was recovered from premises of accused - Only 4 Kgs Acetic Anhydride (Controlled Substance) was allegedly found..........
Indian Penal Code, 1860, Section 177, 171, 419, 417, 411, 413, Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Accused did not deny a specific question put as to whether he is a habitual offender - Offences committed by..........
Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Confession made by accused shall be taken as a whole - It cannot be taken in parts, particularly when it was made regarding same occurrence and accused made confession with..........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 380, 457 -- Confession before police - Offence u/ss 380, 457 IPC - Accused had not made any disclosure statement u/s 27 of Evidence Act - He confessed to the police his guilt after the I.O interrogated him - Such confession is barred u/s 25 of Evidence Act and cannot be legally admissible and has to be..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Circumstantial evidence - Extra judicial confession - PW8 stated that accused has stated before him to have killed deceased due to her loose character - However, circumstances as stated by PW8 that local villagers were assaulting accused and out of fear he confessed to have..........
