Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Motive for committing offence forms central theme and unless and until motive is proved specifically, prosecution shall not be able to bring home charge framed against accused - In the instant case, motive of crime not proved - Trial Court recorded specific finding on point..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 364, 506, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Offence u/ss.364, 506 IPC and S.6 POCSO Act - While declining bail application, relevant provision has not been considered by both Courts below as in accordance with S.12 of Juvenile..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a), Evidence Act, 1872, Section 24 -- Kidnapping and murder - Circumstantial evidence - Extra judicial confession - There are contradictions about circumstances in which confession was made viz, number of people in whose presence it was made, degree of coercion/fear/intimidation..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Recovery of dead body of deceased - Dead body recovered in decomposed state with one leg missing in agricultural farm - PW1/father of deceased not testified that he had identified dead body found in agricultural farm was..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - First circumstance of A1 pointing out place of murder of deceased - Evidence of Police Officials that place of murder of deceased was not in knowledge of police until A1 took police to spot - No valid ground to disbelieve testimony of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Last seen - Wife of deceased stated that when deceased was leaving house, deceased told her that he is going to residence of A1 - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3 -- Kidnapping and Murder - Circumstantial evidence - Chance Witness - Testimony of chance witness though not necessarily false, is proverbially unsafe to rely upon...........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Kidnapping and Murder - Circumstantial evidence - A1 has admitted that deceased was present with her till afternoon on the date of incident - Statement made by accused u/S.313, Cr.P.C., can be used as aid to lend credence..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106 -- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and..........
