Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Kidnapping and sexual assault on 5 years old girl - PWs proved that accused kidnapped the victim out of lawful custody of her parents without their consent - No explanation has come on record by accused in this regard - Testimony of brother of victim/PW4 who was..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PWs specifically proved the fact that when they reached at the place of occurrence deceased was alive and was in a position to make statement - Deceased stated names of accused as his assailants - Moreover, witnesses regarding oral dying declaration, made by..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of weapon of offence and clothes of accused - Recovery effected pursuant to information furnished by accused u/s 27 of Evidence Act - Human blood was detected on the articles recovered - No explanation offered by accused u/s 313 Cr.P.C. as to how blood..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive - Property dispute between parties proved on record - Family members of accused were annoyed with deceased, which led them to commit the crime - Motive of crime proved on record...........
Indian Penal Code, 1860, Section 376, 457 -- Rape - Lurking house trespass at night - Circumstantial evidence - Allegation that accused entered in the house of prosecutrix at night and pointed a 12 bore katta on her and committed the offence - However, said 12 bore katta not recovered - No injury on private or other parts of body of prosecutrix - Even semen was not found..........
Indian Penal Code, 1860, Section 395, 147 -- Dacoity - Allegation that accused took away herd of sheeps and goats of complainant - However, no evidence on record that accused took away said herd with dishonest intention or committed the offence of theft - Offence u/ss 395, 147 IPC not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused and deceased at spur of moment on petty issue of deceased misbehaving with his wife and quarreling with her - Incident occurred in front of house of deceased and accused assaulted deceased by hands, fist and bamboo club - From number of injuries it cannot be said that accused..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 302, 120B, 34 -- Juvenile - Bail - Murder - No reliable and credible evidence of involvement of accused in murder - Even no reasonable ground exist for believing that after being released on bail, accused is likely to come in association with known and unknown..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death of deceased was due to drowning i.e accidental in nature as per Post mortem report - Evidence of PWs having tied the deceased by accused not substantiated - PWs 1 & 2 stated that they learnt from PW7 about throwing the deceased into the pond but she denied having made such statement before I.O - Prosecution failed..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape case - Material evidence available against accused - Trial Court recorded categorical findings while denying discharge the accused - Even no suspicion found in the statement of prosecutrix by trial Court - discharge application rightly dismissed...........
