Indian Penal Code, 1860, Section 376, 120B -- Rape of 10 years old minor girl - Criminal conspiracy - Prosecutrix stated that accused called her and when she entered the shop, she took her to backside of the shop, where co-accused committed rape upon her - Accused though taken a defence that she was not present at the relevant time but her defence got negated with the..........
Indian Penal Code, 1860, Section 376, 120B -- Rape of 10 years old minor girl - Criminal conspiracy - Reduction of sentence - Accused a lady, was 19 years old at the time of incident - She remained in custody for more than 1 year - There is no previous enmity between parties - Ends of justice would be met if offence of accused is reduced to period already undergone by her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cruelty - Dowry demand - Allegation against brother and sister of husband - General allegation made against applicant Nos.3 & 4 - Applicants implicated merely because they are brother and sister of husband - FIR qua..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cruelty - Dowry demand - Allegation against husband and mother-in-law - Specific allegations of harassment and treating wife with cruelty with regard to dowry demand against applicants are on record - Filing of FIR by wife..........
Indian Penal Code, 1860, Section 326, 448 -- Acid attack - Reduction of sentence - Rejection of proposal of marriage by victim/girl - Medical evidence supporting acid attack on the young girl and circumstances brought home by cogent evidence - There was no justification to reduce the sentence of accused to the period already undergone by him - Impugned order of High Court..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of spermatozoa on body of prosecutrix - Does not negativate factum of rape...........
Indian Penal Code, 1860, Section 376 -- Rape of handicapped girl by her step father - Accused removed pant of prosecutrix while she was sleeping and committed rape upon her in absence of her mother - He gagged her mouth and threatened her that in case she told anybody about the occurrence, she will face dire consequences - Injuries were found on person and private parts of..........
Indian Penal Code, 1860, Section 376 -- Rape of handicapped girl by her step father - Quantum of sentence - Accused was none other than step father of prosecutrix - There happens to be no evidence on record regarding social, economic condition of prosecutrix, but in view of fact that she was handicapped and related to accused, accused does not deserve any sort of leniency..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Last seen evidence - Wife of deceased PW3, is the witness of last seen evidence - She stated that accused forcibly took her husband on motor cycle - However, no objection was made by PW3 nor she cried or came for rescue of deceased nor any request was made by her to accused..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Extra-judicial confession - FIR lodged after three days of incident - Material witnesses of extra judicial confession kept mum for three days and only after extra judicial confession made report to police - There is no corroboration of fact by independent witnesses to prove..........
