Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376 -- Juvenile - Rape - Offence u/s 376 IPC committed on more than one occasion - Juvenility has to be seen when last of such incidents had occurred...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 34 -- Identification simplicitor - Cannot form the basis or be taken as the fulcrum for the entire case of prosecution when none of the witnesses disclosed any features for identification which would lend some corroboration - Identification parade itself was held 25 days after the arrest - Chance meeting..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide by wife - No direct cogent and credible evidence to link actions of accused to the death of deceased "soon before her death' as required u/s 306 IPC - Accused acquitted of offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Property dispute - Occurrence took place in the spur of moment and in the course of a heated altercation when accused uprooted cement pillars for demarcation of boundary - Accused hit the deceased with sabal, which suggest that he took undue advantage or acted in a cruel or unusual manner - He had..........
Indian Penal Code, 1860, Section 318, 34 -- Concealment of birth by secret disposal of dead body of infant - Mother of child herself admitted that she buried the dead infant in the kitchen garden - There is no evidence against accused for the offence u/s 318, 34 IPC - Benefit of doubt must be given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 315, 34 -- Abortion - Medicine or wrapper for causing abortion was not identified or disclosed - Co-accused/mother of infant not supporting such medication - PWs also not supported the prosecution case - Doctor opined that said abortion cannot be held with the help of some specific medicine, as the infant was 8 months old, many more reasons..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Absence of external and internal injury on parts of body of prosecutrix - Raises doubt about involvement of accused as prosecutrix specifically alleged that there was struggle between her and accused for 10 minutes...........
Indian Penal Code, 1860, Section 376 -- Rape on married woman - Semen gathered from prosecutrix is of `O' group - Admittedly, blood group of husband of prosecutrix not examined - Since, prosecutrix is married lady who stayed together with her husband in previous night of date of occurrence, without examination of husband blood group/semen, Court below should not have..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
