Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Appeal against acquittal - Conviction by High Court - Fight between two factions - Trial Court disbelieving prosecution case and acquitted all accused holding evidence of eye witnesses being full of contradictions - Discrepancies and accompanying contradictions are not of such nature as would make..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 20, 35, 54 -- Contraband - Conscious possession - Accused sitting on gunny bags containing contraband - Held, accused is in conscious possession - Conviction upheld...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of minor scheduled caste girl - No evidence to show that offence of rape was committed because she was a member of scheduled caste - Conviction under SC & ST Act cannot be sustained...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl - Testimony of victim fully corroborated by medical evidence - Conviction and sentence of 10 years imprisonment calls for no interference...........
Indian Penal Code, 1860, Section 302, 324 -- Acquittal by trial Court - Conviction by High Court - Trial Court rejected evidence of PWs 1, 3 and 7 for valid reasons - Evidence of PW1 was contrary to medical evidence and High Court wrongly came to conclusion that medical evidence supported oral evidence of PW 1 - PW 1 was injured witness and he admitted that due to poor eye..........
Criminal Procedure Code, 1973, Section 320 -- Conviction in non compoundable offence - Compounding of offence allowed as parties are co-villagers and residing peacefully, main accused died, accused did not indulge in any other criminal activity - Sentence set aside and accused acquitted of the charge - Fine already deposited shall be treated as costs of litigation...........
Prevention of Corruption Act, 1988, Section 8, 9 -- Speedy trial - Conviction of accused - Accused an old person and facing criminal proceedings for 13 years - Sentence reduced from one year to six months...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Soon before death - Death within six months of marriage - Proof that deceased was harassed soon before death not required - Defence failed to show any other reason of death - Conviction upheld...........
Indian Penal Code, 1860, Section 363 -- Appeal against conviction - Prosecutrix, less than 18 years of age, eloped with accused with her own consent - Appellant remained in custody for about 20 days - Appellant suffered the rigour of protracted trial of long 13 years - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Dead body cremated - Conviction of three persons u/s 201 IPC on the ground that they took part in the cremation of dead body - No evidence that these persons had knowledge or had reason to believe that offence had been committed - They had no mens rea - Conviction set aside...........
