Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Abduction and sexual abuse by a gang inside running car - Clear and definite materials including direct evidence of victim and other circumstances including scientific evidence against accused persons - More so, petitioner is a person of bad antecedents with involvement in so..........
Indian Penal Code, 1860, Section 309, Evidence Act, 1872, Section 3 -- Attempt to commit suicide - Appreciation of evidence - There is no evidence on record that accused tried to commit suicide by causing injury to himself - Even, prosecution has not examined any witness to show that under what circumstances he was found by police - Moreover, in absence of any specific..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 8 -- Insanity - Proof of - Absence of motive to commit offence - Cannot be ground to prove insanity...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Is on accused...........
Indian Penal Code, 1860, Section 84 -- Insanity - Proof of - To proof insanity of accused his previous and post mental status may be considered...........
Indian Penal Code, 1860, Section 84, 302, 307, 309, Evidence Act, 1872, Section 3 -- Insanity - Offence u/ss 302, 307, 309 IPC - Appreciation of evidence - Witnesses specifically stated that accused was suffering from mental disorder for last near about 2 years prior to date of incident - Even, these witnesses were neither declared hostile nor anything has been elicited..........
Indian Penal Code, 1860, Section 84 -- Insanity - Non-filing of medical documents showing treatment of accused prior to incident - Is not fatal in light of subsequent mental condition...........
Indian Penal Code, 1860, Section 302, 307, 309 -- Offence u/ss 302, 307, 309 IPC - Recovery of blood-stained farsa and shirt - Cannot be considered to be incriminating circumstances in absence of evidence...........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
