Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115 -- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing..........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb minor girl - Age of prosecutrix between 14 to 16 years at the time of incident - Accused committed rape on prosecutrix when she was alone at home - Father of prosecutrix saw accused running out of his house - Prosecutrix by way of gestures had explained the manner in which incident had occurred - She was capable..........
Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Case based on circumstantial evidence - Exact date and time of occurrence is not supposed to be known to FIR maker...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201 -- Disclosure statement - Murder case - I.O is not obliged to obtain signature of an accused in any statement attributed to him while preparing seizure memo for recovery of any article covered by S.27 of the Act - But if any signature has been obtained by him, there is nothing wrong or illegal about..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Testimony of police officer - Weapon of offence recovered and seized on the disclosure of accused from a pond, while they were in police custody - Testimony of police witness in respect of said recovery cannot be rejected solely because he was a policeman, as S.27..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances proved against accused as follows: (i) no long gap between deceased last seen with accused by PWs who are inmates of his family; (ii) deposition of PWs about money lent to accused by deceased and to visit his place for..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 114 -- Murder and theft - Presumption - Murder of deceased and theft of car had taken place in one and the same occurrence and that accused `A1' and `A3' were in possession of stolen car soon after the commission of theft, and said presumption has not been rebutted either by direct evidence or..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 34 -- Murder - Chance witness - PW6, a chance witness, witnessed the occurrence, however, left the place quietly without informing the same to anyone - Conduct of PW6 in not disclosing the incident either to police or to anyone in the village creates a suspicion and renders his version of incident..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Material evidence on record does not reveal anything which incriminates both the accused - Even depositions of parents of deceased in no way implicate both the accused as offenders - Material contradictions in the testimonies of PW6 & PW17 upon which strong reliance has been placed by High Court in convicting both the..........
