Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392, 34 -- Disclosure statement - Murder and robbery - Stolen items i.e TV, silver coin and a part of stolen currency was recovered from accused persons - Appellants not contended that they were forced to make incriminating statements under any threat - They have chosen to defend themselves only on the..........
Indian Penal Code, 1860, Section 302, 392, 34 -- Murder and robbery - Accused were present in all probabilities at the time of occurrence - They failed to explain any other reason of their presence - Accused even not questioned their identity by PW9 and PW1 - They have not doubted or condemned police officer of falsely planting any recovery on them - Accused having lastly..........
Protection of Children from Sexual Offences Act, 2012, Section 3 -- Penetrative sexual assault - Insertion of any part of body or any object even from above the undergarments would prima facie still constitute an offence u/s 3(b) of the Act and amount to penetrative sexual assault - Plea of accused that victim in her statement u/s 164 Cr.P.C not stated that her..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 6, 10 -- Penetrative sexual assault - Non-framing of charge u/s 6 of the Act - Prima facie grave suspicion arises against accused of having committed offence u/ss 3, 6 of the Act - Issue as to whether undergarments of victim removed or not and whether there was in fact a penetrative sexual assault are issues..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application..........
Criminal Procedure Code, 1973, Section 202 -- Summoning of an accused is a serious matter and Court at the stage of summoning are expected to analyze evidence produced with due application of mind...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20b(ii)(c), 55, 57, 52A -- Recovery of 26 kg Ganja - Recovered ganja not sealed at the spot - Even sample was not prepared at the spot - No explanation as to why samples reached FSL after delay of 23 days - Evidence of PW1 as well as PW5 show that no effort was made to inform superior Officials in accordance..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted four stab wounds to deceased and inflicted one stab wound to PW7 - Ocular version is duly corroborated by medical evidence - Presence of PW7 at the spot cannot be doubted - PW7 and PW8 had no reason to falsely involve accused in the case - Since deceased had suffered four stab..........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement must indicate why Court..........
