Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained articles - Human blood though found on axe and shirt of accused, but blood group of deceased not determined - It cannot be thus, established that axe was used in crime - Recovery of axe is not sufficient to link accused with crime - Chain of circumstance not complete -..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of wife by husband - Plea of unsoundness of mind - Last seen together - As per circumstances on record, there is possibility of accused being driven to commit crime when he was not in complete control of his senses - Even accused chose to remain in same room with his bloodstained clothes making no effort to escape or..........
Criminal trial -- Chance prints - Articles from where chance prints lifted not photographed - No finger prints of deceased were lifted from the articles lying at the spot - It is not clear as to what was the duration between putting of the finger prints on the wine bottle and its recovery - This circumstance alone, is not sufficient to connect accused with the crime...........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 201 -- Circumstantial evidence - Motive - Murder case - Prosecution unable to establish accused's motive to commit heinous crime of murder of his room mate - No hostility or prior enmity or ill-will between accused and deceased - Motive held, not proved - Even prosecution miserably failed to prove that it..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity, High Court rightly set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 pills of Alpraquil - Search and seizure - Tampering of seal - Bundle of pills recovered from possession of accused produced before Court during trial - Its seal found intact - Seal was opened by Court and in cloth in which strips of pills were kept as well as wrappers containing pills..........
Prevention of Money Laundering Act, 2003, Section 3, 4, 22 -- Money laundering - Possession of demonetized currency - Accused allegedly converting said currency by bank drafts - Accused not disclosing source of acquisition of huge amount of demonetized currency - No explanation by accused as to dispel presumption of property being proceeds of crime - Property obtained by..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302 -- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his presence at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 363, 366, 376D -- Juvenile - Bail - Kidnapping and rape - Gravity of offence is not a ground to deny bail to a juvenile/accused, unless conduct of accused is such to indicate that in all likelihood, after being released on bail, accused will indulge into more crimes -..........
