Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Trial Court while acquitting the accused has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective - There are major contradictions, omissions and improvements in the statement of witnesses - Prosecution has..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Complainant or victim can file an appeal as against order of acquittal passed by Magistrate before appellate Court or Sessions Court...........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Mother of prosecutrix declared hostile, as she did not support prosecution case - Delay in lodging FIR not explained by father of prosecutrix - Prosecutrix and her parents themselves never fully co-operated with medical staff, thereby adversely impacting credibility of their version of events - Prosecutrix was 19 years..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death was suicidal is very clear from expert evidence - Demand of dowry was not proved by prosecution - Brother and father of deceased admitted in their deposition that they had not personally witnessed any physical violence on deceased - Father of deceased also deposed that accused/son-in-law was quite aware of his..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimonies of eye witnesses - Inconsistencies in the testimonies of all the three alleged eyewitnesses - Benefit of doubt thus, given to accused - Acquittal upheld...........
