Indian Penal Code, 1860, Section 174A -- Non-appearance in response to proclamation u/s 82 Cr.P.C. - Petitioner did not put appearance deliberately and were declared absconders - Supplementary charge sheet for commission of offence u/s 174-A IPC filed by investigating agency - Offence u/s 174-A IPC, though independent in nature is an off-shoot of initial charge sheet..........
Ranbir Penal Code, 1989, Section 366, 375, 376 -- Rape and abduction - No evidence on record that prosecutrix resisted during her rape - Even, police not seized any material supporting occurrence of rape from hotel room - Medical evidence proved prosecutrix to be more than 19 years of age and capable of understanding consequences of said act - Hence, prosecutrix was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 27 -- Murder - Two sets of clothes having blood stains i.e. on which was on person of appellant at time of his arrest which had blood stains and another which was recovered at instance of appellant from house - Shows that recovery was planted on and cannot be believed and also seizure of blood stained shirt..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Eye witness has stated that he is related to accused person which means he was also related to deceased as accused persons and deceased were related - Despite being related to deceased, after death of deceased, witness did not go to house of deceased who was also residing in same area as..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Delay of almost 15 days in recording statement of witness - No explanation has been given for delay in recording statement - Conduct of witness is also found u, natural inasmuch as form date of incident i.e. 06.05.2012 till 21.05.2012, witness did not narrated incident to any person - In..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Witness was 16 years old when his evidence was recorded - Witness evidence was recorded about one year and four months after incident - Evidence show that witness was minor at time of incident and as he was frightened, he did not go to graveyard for attending funeral - Look at all these facts,..........
Indian Penal Code, 1860, Section 302, 304II, Evidence Act, 1872, Section 3 -- Culpable homicide - Evidence of witness that four accused persons assaulted deceased with knives and accused in question gave one blow on neck of victim with knife - Acquittal of other three accused is not based on ground of mistaken identity but on ground that it was appellant alone who..........
Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden quarrel in heat of passion on issue of accused coming in drunken state - Meanwhile, some altercation took place, due to which deceased just to frighten her husband/accused poured some kerosene from stove on herself - Accused under influence of liquor picked up stove..........
