Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B, 102 -- Dowry death - Presumption - Burden of proof - Once prosecution discharges its initial burden of proving all ingredients of dowry death u/s 304-B IPC by preponderance of probabilities, S.113-B Evidence Act mandatorily requires Court to draw adverse inference against accused - In such cases,..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - As per evidence on record accused unable to rebut presumption u/s 113-B Evidence Act and he has not taken any step to prove that death of deceased was due to various other factors, other than dowry death - Only view possible is that accused has caused death of deceased by..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 506 -- Rape of 11 years minor girl - Unnatural offence with 7 years old girl on point of knife - Knife recovered at instance of accused - Victim girl subjected to medical examination soon after incident - Medical report of victims corroborates ocular evidence - Finding of blood of victims on clothes of accused corroborates..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - Magistrate was not competent to discharge accused and dismiss complaint, in view of provisions of S.249 CrPC, as complaint under "cognizable and no, compoundable offences" automatically after summoning accused has to be..........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused confronted deceased, as she attempted to obtain divorce and approaching police - He not only got intimidated by those acts of deceased but also deprived himself of self control and used an earthen drainage pipe available at the scene of offence and beat deceased, as a result she died - These..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 304(Part I) -- Testimony of sole eye witness - Offence u/s 304(Part I) IPC - PW2 an eye witness being a landlady residing in same premises in which offence has taken place - Presence of PW2 on the spot can be taken as natural - PW2 on hearing cries of deceased came out and witnessed accused hitting deceased..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 302, 324 -- Transfer of investigation to CBI - Double murder case - Police could not solve case, for more than 2 years and 5 months, despite their best efforts - It seems that police has not made serious efforts to trace out the assailants/murderers -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
