Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Relative witnesses - Murder case - PW11, who is brother of deceased, and PW13 is husband of niece of deceased fully corroborated prosecution case in their evidence - Mere fact that they are related to deceased, does not impeach their evidence in any manner and cannot be considered them as interested..........
Indian Penal Code, 1860, Section 302 -- Murder - PW5/eye witness in his statement only taken names of four accused, who were seen running away from spot - He did not take name of A-2 - Mere fact that PW5 did not mention name of A-2, cannot lead to inference that A-2 was not involved in the incident, particularly when presence of A-2 is proved on record through the evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Nature of injuries especially injury in back of head led officer writing inquest report to believe that bullet entered from back of head and came out of mouth - Said impression recorded in inquest report was only opinion of person preparing inquest report and due to that impression recorded in inquest..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive of occurrence proved on record from oral evidence of eye witness - Fardbeyan of informant was recorded on the spot itself by police officials - Names of all five accused and role attributed to them have been promptly recorded by police officials within half an hour of incident on the spot - Medical evidence..........
Indian Penal Code, 1860, Section 378, 380 -- Theft - Information contained in a document if replicated, can be subject of theft and can result in wrongful loss even though original was only temporarily removed from its lawful custody for purpose of extracting information contained therein, as replication of documents and contents thereon have physical presence and..........
Indian Penal Code, 1860, Section 378, 380 -- Theft - Mere taking away of documents temporarily and using them in pending litigations between parties i.e in Company petition, would not amount to theft, particularly when in using the documents, there is no dishonest intention to cause wrongful loss to other party and wrongful gain to party itself...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Offence u/s 406 IPC - Compromise - Parties have reached a settlement and dispute between parties amicably settled - Complainant does not want to hold accused responsible - Quashing of FIR would definitely be to secure ends of justice and to prevent abuse of process of..........
Indian Penal Code, 1860, Section 364A, 368, Evidence Act, 1872, Section 118 -- Kidnapping for ransom - Testimony of victim/child witness - Victim was aged about 3 years old at the time of incident - He was subjected to cross-examination after about 5 years of his examinatio, i, chief - Victim was not sure as to what had happened with him about 5 years back, as he was..........
Indian Penal Code, 1860, Section 364A, 368 -- Kidnapping for ransom - Two parallel stories have been put forth by prosecution - Testimony of victim not reliable - There is absolutely no evidence against accused - Prosecution failed to prove its case - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
