Indian Penal Code, 1860, Section 376 -- Rape - Love affair between parties - Prosecutrix being a major lady had love affair with accused and they enjoyed sex many time - She became pregnant but she did not even divulge such fact till the date of her delivery of a male child - It cannot be said that prosecutrix was subjected to forcible sexual intercourse by accused without..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 9, 3 -- Attempt to murder - Test identification parade (TIP) - Appreciation of evidence - As per testimony of complainant, it appears that complainant not stated procedure and manner in which TIP held - Even, complainant not stated that TIP carried out in presence of 2 panchas - Moreover,..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - As per the testimony of complainant, at the time of incident, A2 was only present in company of A1 - No other allegations have been levelled against A2 - Moreover, it is nowhere stated that during altercation, A2 was inspired by A1 or any criminal..........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Non-examination of independent witness though available with prosecution - Creates prosecution case doubtful...........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Unless panch witness positively states that he has eye-witnessed the recovery, his mere signature on such recovery panchnama becomes useless in proving the recoveries...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Panchas not supported contents of panchnama - Their evidence cannot be considered at all...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - 3 injuries caused to complainant by single blow of razor - Not possible - As per evidence on record, injuries caused to complainant were neither serious in nature nor sufficient to cause death in natural course jointly or severally - Even, on the..........
Ranbir Penal Code, 1989, Section 304A -- Medical negligence - Simple lack of care, error of judgment or accident - Cannot form a proof of negligence on part of medical professional...........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 304A -- Quashing of proceedings - Offence u/s 304A RPC - As per allegations, complications arose in health of deceased during post operative period which led to death of deceased - However, Committee of experts on two separate occasions opined that deceased was managed by accused as per prescribed..........
