Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
Indian Penal Code, 1860, Section 302, 342, 354, 323, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(5) -- Murder - Grant of bail - Accused have beaten deceased when he was tied by pipe and belt - He sustained serious multiple injuries and consequently he died - Eye witnesses identified the accused in..........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Testimony of victim - Victim admitted in her cross-examination that her parents were present at the time of recording her statement u/s 164 Cr.P.C - She stated that her parents had told her how to give statement - Victim..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Plea of false implication - Accused and his family living in a room above the room of informant - Informant admitted that there was a quarrel between her and accused over leakage of water from toilet - Possibility of false..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Accused on some other day came to house of victim and molested her and on her crying, her mother came there and accused fled away - Mother of victim is also eye witness of said fact - She also stated that even before 3 years from the date of making statement before trial Court accused molested victim - Both..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 452, 354 -- Benefit of probation - Offence u/ss 452, 354 IPC - Case registered against accused about 28 years ago - Accused convicted in Jan 2000 - Conviction against accused neither involved life sentence nor punishable more than 7 years imprisonment - Accused remained in detention for about 12..........
