Indian Penal Code, 1860, Section 376(2)(f)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence u/ss 376(2)(f)(i), 506 IPC and S.6 POCSO Act - Conviction - There was reliance upon the Secondary Examination Certificate as there was no official record of the State which has been produced regarding the age of the victim - Board of Doctors have..........
Indian Penal Code, 1860, Section 376(2)(f)(i), 506 -- Rape - Conviction - Merely because the medical of the prosecutrix goes on to show that her hymen was absent would not conclusively lead to the presumption that she had undergone sexual intercourse and that also with the appellant - The conviction is based solely on the statement of the victim - There was something more..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Intention to commit murder was of PW2 and not to the injured as per statements of PW1 and PW2 - Testimony of PW1 and PW2 shows that there was no motive for accused who have committed the crime - Presence of accused is admitted at the place of occurrence - However, there is nothing on record to show that..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant successfully proved on record by leading cogent and convincing evidence that cheque in question was issued by accused towards discharge of his lawful liability and he has further successfully proved that cheque issued by accused on its presentation to bank concerned was returned on account..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Murder case - Extra judicial confession is a weak piece of evidence and unless there is some corroboration, conviction solely on the basis of extra judicial confession could not be sustained...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - No independent witness examined who would depose that accused committed offence on the ground that injured belonged to a community covered under SC/ST Act - Court below only on the basis of caste, held that offence was deemed to be committed -..........
