Indian Penal Code, 1860, Section 302, 307, 201, Evidence Act, 1872, Section 8 -- Triple murder case - Circumstantial evidence - Motive - Solely on the basis of circumstance of motive, conviction cannot be based - Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt - Prosecution failed to prove its case - Accused acquitted...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Non-examination of independent witnesses by itself would not give rise to adverse inference against prosecution - It would only assume importance when evidence of eyewitness raises a serious doubt about their presence at the time of actual occurrence...........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Evidence of PW1, PW2 and PW3 is clear that accused with the motive of killing his daughter had visited her matrimonial home along with PW2 and has taken her in an auto rickshaw on the pretext of visiting his mother and had strangulated her - Case of prosecution is further..........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Death sentence - Accused was aged about 38 years at the time of commission of crime - He has no criminal antecedents and there are various other mitigating circumstances existing in his favour - Medical reports of accused would disclose that he has speech issues, and he has..........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Caste certificate per se cannot be false or fabricated - If a caste certificate is invalidated as applicant could not prove his caste cannot be termed false only on the ground that it was invalidated...........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Corruptly using the certificate is not sufficient - Accused must have knowledge that certificate is false - Allegation that certificate is false to the knowledge of accused must be proved by prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 506, 34 -- Bail - Abetment of suicide - Suicide note of deceased reveals that deceased inflicted injuries with an axe on petitioner who along with one `S' extended threats to kill him and had eloped with his minor daughter and due to which deceased committed suicide - Whether these..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
