Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - Allegation that accused entered the house of prosecutrix at night and committed offence in question - However, site plan of place of occurrence as also deposition of complainant would show that accused walked 40/45 feet from entrance of house to the room where prosecutrix was sleeping and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - PW3 and PW4 both stated that accused was apprehended at the spot but no quarrel had taken place in their presence and PW2 stated that accused fled away from spot after being caught - These facts also create a doubt in the prosecution case because, firstly, if occurrence has taken place as..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Where a victim is a lady already married and having two children and she is continuing her earlier marriage relationship without being divorced, as volunteered by her, promise of marriage by accused is an outright impossibility - Even the question of misconception also does not arise - Proceedings..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical examination of victim - Non-allowance of medical examination by victim raises negative inferences against them...........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
