Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Identification of accused - If an accused is not named in FIR, his identification by witnesses in Court should not be relied upon specifically when they did not disclose name of accused before police - But to this general rule, there may be exceptions...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 9(e), 9(l), 10, 41 -- Sexual assault - Medical examination was conducted by petitioner in the presence of mother of victim on the first occasion and in the presence of elder sister of victim on the second occasion - It is too hard to believe that petitioner would..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Money due to the firm - Complaint filed by Manager in his individual capacity - Prosecution is defective - Acquittal upheld...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - 100% burn injury - Conviction - Appreciation of evidence - Prosecution failed to examine the attending doctor of deceased to prove her mental condition at time of giving the dying declaration - Further, nothing on record, including the dying declaration, suggested that accused instigated or..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act and words of the accused, however, insulting or humiliating the deceased by stating that why should she live, as she was leading an immoral life, will not by itself constitute abetment to suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - The words of accused spoken to the deceased only once, a single instance i.e. on the preceding night of committing suicide, cannot constitute accused exploiting the vulnerability of the deceased making her feel worthless or undeserving of life leading her to commit suicide...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Complaint filed by transwoman - Transwoman in a heterosexual relationship, cannot be deprived of her right to lodge a complaint against her husband or relatives of her husband for the alleged offences...........
