Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Offence u/ss 3, 4 of PMLA - Huge cash to the tune of Rs.31.75 crores was deposited in eight bank accounts by accused - No explanation as to why demand drafts for said amount were issued in name of fake people - Accused failed to show from which legal source cash was..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 148, 149 -- Summoning of additional accused - Statement of PWs not giving rise to any prima facie material which would create reasonable prospectus of conviction of petitioners or would provide material to form higher degree of satisfaction, than prima facie case required for summoning of..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Death due to 100% burn injuries - No evidence on record that sister-i, law and brother-i, law tortured the deceased for any demand of dowry - It cannot be said that brother-i, law and sister-i, law had any common intention with husband of deceased in commission of crime - It is sufficiently shown on record that..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused of an offence of rape can be convicted on the sole testimony of prosecutrix, provided same is of sterling quality leaving no shadow of doubt over her veracity...........
Indian Penal Code, 1860, Section 376, 342, 323, 506 -- Rape of pregnant woman - Quantum of punishment - Aggravating factors : (i) prosecutrix was one month pregnant on the date of the incident; and (ii) the trauma of rape suffered by the prosecutrix - Mitigating circumstances are : (i) there were no signs of violence; (ii) the appellant did not act in any unusual or cruel..........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Court to consider the cumulative effect of aggravating factors as well as mitigating circumstances - It is primary duty of Court to balance the two - Both aspects namely aggravating and mitigating circumstances have to be given their respective weightage - Court has to strike the balance..........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Kidnapping, rape and murder of four years old minor girl - Accused raped the deceased and brutally murdered her by causing injuries to her with the help of stones - Jail record of accused without any blemish - While in jail accused completed Bachelors Preparatory Programme and also completed..........
Service -- Dismissal from service - Validity - Employee convicted for an offence involving moral turpitude - He died during pendency of appeal against conviction and his appeal abated - Subsequently appeal against co-accused was partly allowed and he convicted for an offence u/s 323 IPC - Role of employee was similar to that of co-accused - Conviction for offence u/s 323..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Son of deceased narrated many instances prior to murder indicating animosity between accused and deceased - However, none of those instances was of such nature which prompted accused to murder deceased - Motive not proved by any credible and reliable..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra-judicial confession - Accused made extra judicial confession before PW3, who is merely a servant - There was no reason or occasion for accused to make extra judicial confession before PW3, who is not person of influence having contacts with police or any big..........
