Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Testimony of eye witnesses - PW9 has not even stated that she had seen any of accused assaulting the deceased - Even version of PW8 is very vague about accused assaulting deceased - Husband of PW-9, who was injured witness, has not been examined - PW8 stated that he was awakened due to cries of his nieces..........
Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation against accused as conspirator is based on extra judicial confession of co-accused - However, extra-judicial confession is a very weak piece of evidence - Confession of co-accused can be used only in respect of evidence and cannot be made foundation of conviction - Moreover, there..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Omission to frame charge does not disable Court from convicting accused for the offence which is found to have been proved on the evidence on record...........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
