Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Accused was not last seen with deceased - FSL report does not support prosecution version that Goodari or pant of accused or salwar and underwear of deceased was recovered stained with semen and blood - More so, mother of deceased stated that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Occurrence took place all of a sudden in a spur of moment, while accused and deceased were consuming liquor - There is no pre-mediation and pre-determined motive or enmity between parties - Accused held, guilty of offence u/s 304(Part I) IPC - Conviction of accused u/s 302 IPC thus, altered to offence u/s..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder of wife by husband by pouring kerosene oil - 100% burn injuries - Dying declaration - Appreciation of evidence - Evidence of PWs.2 & 6 is wrongly relied on by trial Court as their admission itself shows that statement of deceased was recorded by police - Even, PW6 has specifically admitted in..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Two blows inflicted on head of deceased by accused - No contradiction as far as evidence of PW1 and PW5 with reference to incident of hitting twice with a large stone - Material object, stone, was also produced and taken from scene of occurrence - Medical evidence coupled with evidence of PW1 and PW5..........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Compliant filed after more than 5 years from alleged occurrence - No explanation by prosecution for such considerable delay - No evidence on record that accused demanded any dowry from victim - Even otherwise, it was the second marriage of prosecutrix with accused and it cannot be presumed..........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Victim admitted in hospital due to burn injuries on account of accidental falling of acid - Merely shifting of victim from private hospital to Civil Hospital cannot be treated as device to let her die with malafide intention...........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Testimony of prosecutrix - Prosecutrix clearly narrated entire incident that accused forcibly made her flat on ground by assaulting her and committed forcibly sexual intercourse one by one - She sustained injuries on her both hands and her neck while she was trying to..........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Medical evidence - Absence of injury on genital of prosecutrix cannot absolutely wipe out possibility of rape while external injuries are quite suggestive of forcible sexual intercourse with her - Moreover, injuries on left thigh and cheek and other parts of body of..........
Indian Penal Code, 1860, Section 323, 376(2)(I), 376D -- Gang rape - Voluntarily causing hurt - Prosecutrix sustained injuries while resisting to rape - She was assaulted by accused - Medical evidence corroborated injuries sustained by prosecutrix - Offence u/s 323 IPC also made out against accused...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376(2)(I), 376D -- Compensation - Gang rape of partially mentally retarded dumb woman - In addition to payment of fine amount, Court directed State to pay Compensation for Rs.1 lakh to prosecutrix for injuries she suffered due to offence committed u/s 376-D IPC...........
