Indian Penal Code, 1860, Section 376 -- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was discovered - Evidence on record shows..........
Indian Penal Code, 1860, Section 363, 366A, 376, 511 -- Kidnapping Attempt to commit rape - Attempt made for forcible sexual intercourse but accused could not accused - Unbelievable when prosecutrix was at the mercy of accused for a period of three days - Two conclusions which can be drawn are : (i) accused did not try to establish sexual relations; (ii) sexual relations..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - No PW has stated a word against accused - No incriminating evidence brought on record by prosecution - All prosecution witnesses to recovery of articles and weapon of offence turned hostile - Even, witness regarding last seen turned hostile - Except the statement of I.O, there is no evidence with prosecution -..........
Indian Penal Code, 1860, Section 427, 504, 506, Criminal Procedure Code, 1973, Section 2(d) -- Explanation - Charge sheet filed u/ss 427, 504, 506 IPC - Case not to proceed as a police case as offence u/ss 427, 504, 506 IPC are non cognizable offences - Case to proceed as a complaint case...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Accused used to torture deceased/wife physically and mentally - He and his family members also raised demand of dowry - Charges u/s 498-A IPC and Ss.3, 4 of Dowry Prohibition Act proved by prosecution beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 364A -- Abduction for ransom - Prosecution failed to led any evidence that accused abducted deceased for ransom - Deceased was legally wedded wife of accused and she has gone with accused being her wife - It cannot be said that deceased was kidnapped or abducted by accused for ransom - Offence u/s 364-A IPC not proved and set aside -..........
Criminal Procedure Code, 1973, Section 178, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Cruelty - Dowry demand - Accused started demanding dowry from deceased within the territorial jurisdiction of trial Court - Deceased was harassed and treated cruelly by accused for bringing insufficient dowry -..........
Indian Penal Code, 1860, Section 354, Evidence Act, 1872, Section 3 -- Outraging modesty - Embracing and kissing - Conviction - Appreciation of evidence - Story regarding alleged molestation of victim by accused concocted by father of victim to save himself from prosecution initiated at the behest of accused - Lots of improvements made in statements of PWs as compared to..........
Indian Penal Code, 1860, Section 302, 148, 149, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Medical evidence belie the assertion of witness PW1 that deceased could make an oral dying declaration - Crush and cut of blood vessels and nerves would cause an instant death - PW1, falsely stated that deceased had feebly uttered the names of accused - Oral..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Solitary eye witness - All witnesses who participated in the investigation turned hostile - PW3, who stated that he witnessed the occurrence is a made up witness, who was introduced later - Delay of 8 days in recording statement of PW3 is vital particularly when he had named only 6 persons as accused and he is not..........
