Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Testimony of prosecutrix cogent, cohesive and consistent - Evidence of sexual assault is substantiated by medical evidence - Injuries on genitals of prosecutrix points to the use of force - Had it been consensual, necessity of force would not have arisen - Prosecution proved its case beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376 -- Compensation - Rape case - Sum of Rs.3 lakhs be made over to prosecutrix by Sikkim State Legal Services Authority in terms of Sikkim Compensation to Victims or his Dependents Schemes 2011...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376 -- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Quashing of FIR - Misappropriation of files - Files were not entrusted to petitioner as per investigation by I.O - It is positive case of I.O that charge was not handed over to petitioner at the time of posting and files were not handed over - Petitioner therefore, not liable for..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
