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...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence (axe) at the instance of accused after 8 days of occurrence from an open space accessible to anybody, raises a serious doubt veracity of prosecution case, particularly, when PWs already seen the weapon lying near dead body of deceased -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained articles - Human blood though found on axe and shirt of accused, but blood group of deceased not determined - It cannot be thus, established that axe was used in crime - Recovery of axe is not sufficient to link accused with crime - Chain of circumstance not complete -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........
Indian Penal Code, 1860, Section 376(1), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - False case - Age of both the prosecutrixes was held to be major on the date of occurrence and they gave false evidence and turned hostile - FSL and DNA reports not matched according to allegation made against accused - Acquitted upheld - Trial..........
Indian Penal Code, 1860, Section 354, 376 -- Nature of offence - Accused dragged victim to a maize field and got her naked and tried to commit rape and thereafter people assembled and he fled away - No evidence on record that victim further physically assaulted - Doctor also found no injury on person of victim - Evidence of victim is supported by her brother and mother -..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Reduction of sentence - Accused is only bread earner of his family - He remained in custody for more than 3 years - Sentence of accused reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 302, 84 -- Murder of wife by husband - Plea of unsoundness of mind - Last seen together - As per circumstances on record, there is possibility of accused being driven to commit crime when he was not in complete control of his senses - Even accused chose to remain in same room with his bloodstained clothes making no effort to escape or..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Death occurred by asphyxia as a result of constriction of neck and not due to hanging by rope, though conforms to the manner of execution of offence, as narrated by PW1, however, in view of inherent improbabilities and incongruities in his evidence, it is not safe to base the conviction of accused..........
