Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Testimony of prosecutrix is at par with that of injured witness - Testimony of prosecutrix does not require corroboration if evidence of prosecutrix inspires confidence and appears to be credible...........
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 3 -- Gang rape of minor girl - Appreciation of evidence - As per younger sister of prosecutrix accused entered house, forcibly dragged prosecutrix out and committed gang rape on her as at the time of occurrence prosecutrix was alone at home with her younger sister - Younger sister of prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of minor girl - Plea of enmity between parties - Mere filing of theft case cannot be termed as enmity between parties and no father will file false case at risk of his minor daughter as in Indian society, rape upon woman is always regarded as stigma - Hence, plea of accused about enmity between accused and father of..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape of minor girl - Common intention - Both accused entered house, forcibly dragged prosecutrix out and when accused was committing rape upon prosecutrix co-accused `M' was guarding the area - Though co-accused `M' has not committed rape but by virtue of S.376(2)(g) IPC he is guilty of offence as he has accompanied..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of knife from accused cannot be considered unreliable on account of no, joining of any independent witnesses during seizure...........
Indian Penal Code, 1860, Section 302 -- Murder - Merely because seizure memo of key was not signed by PW5 or any independent witness, recovery of said key cannot said to be tainted...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Basis of conviction - When time gap between point of time when accused and deceased were last seen alive and deceased is found dead, is so small that possibility of any other person other than accused being author of crime becomes impossible...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Last seen theory - Death caused by stabbing knife - Accused has occasion to commit crime as deceased was residing with him in the same house - More so, they were last seen together before crime was committed - Medical and scientific evidence adduced by prosecution clearly..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Absence of motive will put Court on its guard and scrutinize evidence very closely in order to ensure suspicion, emotion or conjecture, do not take place of proof...........
