Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 106 -- Attempt to murder - Burden of proof - Injured witness herself not supported prosecution case and none other witnesses who might have seen the incident has proved the case when examined - There appears no occasion for trial Court to use S.106 of Evidence Act, to shift burden of proof on accused and..........
Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Indian Penal Code, 1860, Section 498, 420, 406, 120B -- Dispute mainly a matrimonial dispute - Matrimonial discord resolved by mutual divorce - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3(c), 4 -- Penetrative sexual assault - Accused made an attempt to cause penetration - Act of accused cannot be termed as an aggravated penetrative sexual assault - No prior enmity between accused and parents of prosecutrix - Offence thus, fall u/ss 376, 511 IPC and..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Accused had undergone total sentence of 6 months and 16 days including remission of 20 days out of total sentence of one year and during his custody he was having good conduct in jail premises - No other criminal case is pending against accused - Since matter..........
