Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506 -- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
Indian Penal Code, 1860, Section 302, 34, 364, 201, Evidence Act, 1872, Section 30 -- Murder - Circumstantial evidence - Extra judicial confession of co-accused, who is tried separately before JJ Board - Cannot be read against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, 364, 201 -- Murder - Circumstantial evidence - Motive and Last seen evidence - By itself is a weak nature of evidence and cannot be made sole basis of conviction, although it may be taken as additional circumstance to lend credence to evidence of prosecution otherwise on record...........
Indian Penal Code, 1860, Section 302, 34, 364, 201 -- Murder - Circumstantial evidence - Motive and last seen evidence - Mother of deceased alleged in the FIR that one `R' who first of all informed that deceased was lastly seen with co-accused on a tractor, but neither name of accused was mentioned in FIR nor said `R' was produced by prosecution as a witness - Withholding..........
Indian Penal Code, 1860, Section 376 -- Rape - When sole testimony of prosecutrix is reliable, accused can be convicted without any corroboration, even in the absence of medical evidence...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl - Sole testimony of prosecutrix - Radiological age of prosecutrix 16-18 years - Prosecutrix in her examination narrated the whole incident of rape - Accused left prosecutrix when she started screaming - Testimony of prosecutrix is reliable and consistent - Although there is no medical evidence on record, as..........
Indian Penal Code, 1860, Section 420, 467, 468, 470, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Allegation against accused is that he furnished false information or has not furnished correct information regarding his children while contesting election - Furnishing false information before a public servant cannot be equated..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such..........
Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Rape - Testimony of victim - Prosecutrix changing her version again and again which makes her testimony unreliable and unworthy of credence - Even medical evidence does not support prosecution version - Statement of all PWs are unreliable, improbable and contradictory to each other - Prosecution miserably failed to..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 101 -- Rape - Burden of proof - Onus is always on prosecution to prove, affirmatively each ingredient of offence it seeks to establish and such onus never shifts - Prosecution case has to stand on its own legs - Unless the offence of accused is established beyond reasonable doubt on the basis of legal..........
