Indian Penal Code, 1860, Section 376 -- Gang rape - Conviction on basis of uncorroborated testimony of prosecutrix - Corroboration is not the sine qua non for conviction in a rape case when testimony of victim is reliable...........
Indian Penal Code, 1860, Section 376 -- Gang rape - Appellants dragged prosecutrix to nala and raped her one by one - No infirmity in testimony of prosecutrix - Defence plea of false implication because of enmity not substantiated by evidence - Prosecutrix would not go to extent of staking her reputation - Absence of spermatoza could be due to reason that offence was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 385, 386 -- Dishonour of cheque - Conviction - Appeal against - Dismissal in absence of counsel for appellant - Held, criminal appeal cannot be dismissed for want of prosecution simplicitor without examining the merits thereof...........
Criminal trial -- Related witness - Daughter of deceased - Presence of daughter of deceased proved at the time of incident and her evidence inspire confidence - Conviction not interfered inspite of the fact that other eye witness and relative witnesses of deceased turned hostile...........
Evidence Act, 1872, Section 133, 114 -- Illustration (b) - Accomplice - Is a competent witness to give evidence - However conviction cannot be based on uncorroborated testimony of approver - Nature and extent of such corroboration depends upon facts of each case - Where confession made by approver is self exculpatory, no reliance can be placed on evidence of such approver...........
Indian Penal Code, 1860, Section 302, 201 -- Conviction of A1 and acquittal of others - Murder of mother-in-law of PW7 - Prosecution case primarily rested upon sole testimony of PW7 an approver - Conviction cannot be based on uncorroborated testimony of approver - Confession by PW7, preceded the pardon whereby she became approver, was wholly exculpatory - No reliance could..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Evidence of wife that appellant left the house holding khukhri after deceased having come to house of accused had left - Recovery of blood stained khukhri at instance of accused - Seizure panchnama not showing that spot from where weapon was concealed was within the exclusive knowledge of accused - No mention in..........
Evidence Act, 1872, Section 24 -- Confession - Retracted - Retracted confession may form the legal basis of conviction if Court is satisfied that it was true and voluntary - Retraction if found to be an after thought the same should not weigh with the Court...........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Evidence of PW1 clear, cogent and consistent - Appellant is the paternal uncle of the witness - No axe to grind against him - No enmity nor strained relations between him and his uncle - Testimony of PW1 found corroboration with testimony of P.W.7 - Evidence of PW3 with whom appellant made extra judicial..........
Criminal Procedure Code, 1973, Section 386 -- Conviction - Appeal against - Appellate Court cannot confirm the conviction and at the same time remit back the case to trial Court for consideration regarding the sentence alone...........
