Indian Penal Code, 1860, Section 376, 363, 366 -- Rape - Conviction u/s 376 IPC - Accused faced trial for 14 years - Accused was 18 years at the time of commission of offence and now of 32 years - Sentence reduced from 7 years to 4 years...........
Indian Penal Code, 1860, Section 498A -- Father of deceased stated that demand of Rs.10,000/- was made on telephone by his own daughter and that accused had asked his wife to demand money from him - This evidence is not admissible u/s 32 Evidence Act - Conviction u/s 498-A IPC cannot be sustained...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Circumstances shrouding dying declaration in mystery - Deceased after incident taken to private hospital - No record produced nor doctor examined even on fact whether deceased was conscious - Deceased shifted to other hospital and she died within 2-1/2 hours of..........
Indian Penal Code, 1860, Section 326 -- Conviction u/s 326 IPC - Occurrence 19 years old - Accused also received 3 injuries - Sentence reduced to already undergone - Amount of fine enhanced from Rs.500/- to Rs.5,000/-...........
Criminal trial -- Single eye witness - Conviction can be based on evidence of single eye witness provided Court is totally and completely satisfied about not only the truth and credibility but about the reliability with regard to every aspect of that evidence...........
Indian Penal Code, 1860, Section 34, 201, 302 -- Appeal against conviction - Circumstantial evidence - No conclusive evidence of accused and deceased being last seen together - Statement of witnesses on point of extra judicial confession full of contradictions on material aspects - Witness to whom extra judicial confession made having no intimacy with accused as such there..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Appeal against - Case based on circumstantial evidence - Circumstances must be proved by cogent evidence and circumstances so proved must point unerringly towards guilt of accused and should not be inconsistent with innocence of accused - Incriminating circumstances against accused were that bicycle of deceased was..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape can be based on sole testimony of prosecutrix only if her evidence is cogent, reliable and confidence inspiring...........
Indian Penal Code, 1860, Section 302, 34 -- Murder by two accused - Three eye witnesses - PW-1 eye witness confronted with his earlier statement where he had not claimed to have seen the attack and hence could not be relied - PW-2 eye witness also confronted with her statement and was not reliable - Evidence of third eye witness found fully reliable and remained unshaken..........
Criminal Procedure Code, 1973, Section 377(1), 375 -- Accused pleaded guilty - Conviction and sentence - Is one on trial - Appeal therefore is maintainable...........
