Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 302, 201, 392, 506, 34 -- Acquittal - Revision against - In the absence of any legal infirmity either in the procedure or in the conduct of the trial, there is no justification for the High Court to interfere in exercise of its revisional jurisdiction - High Court should not re-appreciate the..........
Indian Penal Code, 1860, Section 376, 506 -- Rape and criminal intimidation - Girl aged 8 years - Accused took prosecutrix inside temple under construction and tied her hands, threatened her, removed her clothes and committed rape thrice - Evidence of prosecutrix clear and cogent - Medical examination carried out next day as such it was not necessary to have found either..........
Indian Penal Code, 1860, Section 376, 506 -- Rape committed thrice of minor girl aged 8 years - Medical examination conducted next day - Rupture of hymen fresh, as such it was not necessary to have found either semen or blood in vaginal swab - No reason to falsely implicate the accused - As hands of prosecutrix were tied and her underwear had been removed and she was..........
Indian Penal Code, 1860, Section 498A, 506, Criminal Procedure Code, 1973, Section 320 -- Conviction of husband under Sections 498-A and 506 IPC - Matter settled between parties amicably - Parties i.e. husband and wife submitted that they have no differences - Not appropriate to send accused behind bars when it is purely a matrimonial dispute - A fit case to permit parties..........
Indian Penal Code, 1860, Section 452, 376, 506 -- Rape - Testimony of prosecutrix - Re-appraisal of the evidence indicated that it is not a case of sexual intercourse without the consent or against the will of woman who is married - Lady appeared to be a consenting party - Her testimony is not inspiring confidence hence cannot form the basis for conviction of accused for..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - By father of minor daughter - Victim and brother, of tender age, living alone with accused - Accused giving beatings and threatened victim not to disclose incident to anyone - Complaint about conduct of father made to both paternal and maternal grand parents but they refused to intervene - Delay in lodging FIR in peculiar..........
Indian Penal Code, 1860, Section 449, 302, 506 Part II -- Conviction - Appeal against - Evidence of P.W.2 indicates the presence of accused and deceased sustaining injury due to piercing of arrow - Evidence of PW1 pointing out accused shot the arrow which pierced into the chest of the deceased - Evidence of PW1 corroborated by PW2 and PW3 - Order of conviction confirmed...........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 506 -- Appeal against conviction - Weapon of offence not recovered - Discrepancy between version of FIR and statement of witnesses - In FIR no specific role assigned to any of the accused - No inimical relations between deceased and accused which may lead them to commit murder - Complete chain of evidence missing -..........
Indian Penal Code, 1860, Section 302, 506 -- Murder - Non examination of all eye witnesses - Evidence of two interested witnesses - Doubt about time of death - Discrepancy in evidence of PW1 and PW2 - Extra judicial confession allegedly made also supporting defence theory that there was an attempt by prosecution to create evidence - Motive suggested for attack was of 15..........
Indian Penal Code, 1860, Section 302, 201, 506 -- Killing new born child by throttling in presence of wife due to suspicion - Testimony of mother of child, her brother and medical expert - Suggestion that death was accidental not believed - Conviction by trial Court and upheld by High Court - Conviction and sentence passed, upheld...........
