Indian Penal Code, 1860, Section 342 -- Wrongful confinement - Main door of complainant's bedroom was locked from outside and he was forced to take alternate route through bathroom clearly covers the act of accused within the definition of wrongful confinement within the mischief of Ss.341, 342 IPC - Charge u/s 342 IPC held, rightly framed against accused...........
Indian Penal Code, 1860, Section 497 -- Adultery - Complainant did not pertinently allege that accused were actually indulging in sexual intercourse but then fact that they were seen by complainant on the terrace of his house at 3.30 am in a semi nude compromising position definitely gives rise to a strong suspicion that they must indulge in sexual intercourse - Preceding..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere fact that human semen was detected on the vaginal swab of deceased, said fact in itself is not sufficient to hold that offence in question was committed by accused...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere recovery of obscene book from accused during investigation, would not lead to inference that offence of rape and murder was committed by accused...........
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...........
