Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Trial Court awarded R.I for 3 years u/s 417 IPC and 10 years u/s 376 IPC to run concurrently - Since, conviction u/s 417 IPC is set aside, it would be fair to reduce the sentence for offence u/s 376 IPC to a period of 7 years - Amount of fine however, remains unchanged...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his sister in the heat of passion upon certain quarrel and without acting in a cruel or unusual manner - He was unarmed at the relevant time and picked up something which was lying there and handy - Sole eye witness of crime stated that accused had no intention to kill deceased -..........
Indian Penal Code, 1860, Section 302, 324, 148 -- Murder - Eye witness - Incident took place in 1999 - Evidence of PW3, alleged eye witness first time recorded in 2004 - Name of PW3 was not mentioned in the list of witnesses - High Court rightly held, that PW3 was not an eye witness to occurrence...........
Indian Penal Code, 1860, Section 302, 324, 148 -- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused assaulted deceased and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - There is no clinching evidence to prove that accused had anything to do with quarrel between deceased and one `A' - Even quarrel between deceased and one `A' is not of such a definite tendency which could unerringly point towards participation of accused persons in the..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Mere fact that accused three days prior to incident stopped working and had sold his Rehri, even if accepted, does not bring forth any preparation for commission of murder of deceased by accused, particularly when accused never used Rehri to sell his vegetables...........
