Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Circumstantial evidence - Accused used to hire auto rickshaw for earning his livelihood and there is a specific timing of the same for returning the same to the actual owner daily - But on the relevant date when crime was committed, said auto rickshaw was not returned - No explanation was given by..........
Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Claiming parity with co-accused who is acquitted - Co-accused acquitted as his case is totally different from accused - Since extra judicial confession made by accused, recovery of nose pin of deceased at the instance of accused and other material on record proved against accused, there was sufficient..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Marriage with own free will and volition - Both the parties are major and a major girl is free to marry anyone she likes or live with anyone she likes and in case she is now married and residing with petitioner, then no offence has been committed by her - Moreover, Court proceedings cannot be permitted to degenerate..........
Indian Penal Code, 1860, Section 459 -- House breaking by night - Defective investigation - Appeal against conviction - Accused acquitted : (i) FIR is highly belated; (ii) Presence of PWs at the spot doubtful: (iii) Site plan prepared by I.O shows that houses of other persons were adjacent to each other, thus it is doubtful as on hue and cry of complainant only two eye..........
Indian Penal Code, 1860, Section 326, 324, 325, 147, 148, 149, 504, 506 -- Offence u/ss 326, 324, 325, 147, 148, 149, 504, 506 IPC - Modification of sentence - Accused persons inflicted 8 injuries to injured who was about 80 years of age on the date of incident - However, injured did not suffer any serious or permanent injury and is still alive - More so, 9 years have gone..........
Indian Penal Code, 1860, Section 363, 366, 376, 302 -- Kidnapping, rape and murder of 10 years old girl - Dead body of deceased found near tree at corner of road - Accused and deceased were last seen together - Recoveries made by investigating agency at instance of accused after his arrest and he identified place of occurrence - Report of FSL is conclusive regarding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Evidence Act, 1872, Section 73 -- Cheating and forgery - Conviction based on opinion of handwriting expert - Accused purchased electronic goods from complainant and in lieu of that handed over forged demand draft - Handwriting on forged demand draft found to be that of accused by handwriting expert - Accused used forged..........
Indian Penal Code, 1860, Section 149 -- Common object - Deceased died due to single blow - Some persons discharged by investigating agency - Bonafides of complainant not established - All the accused, held, not guilty of offence u/s 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Appeal against acquittal - Leave to appeal - Old dispute between parties - Prosecution alleges that all accused gave beatings to deceased by deadly weapons - However, according to medical evidence there was only one injury on the body of deceased which indicates that all accused were not..........
