Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If trial Court judgment is based on evidence and view taken by trial Court in favour of accused is possible, High Court will not be justified in interfering only on ground that different view can be taken. (Para 9) Indian Penal Code, 1860, S.304-B - Offence u/s 304- B IPC - Appeal against acquittal -..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Political rivals - Contents of MLC shows that it was written not only on the declaration given by deceased but also on the declaration of his party supporters - Such a declaration cannot be held, to be dying declaration u/s 32 of Evidence Act - As regarding version of..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - In order to attract the offence u/s 506 IPC, threat must be with intent: (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat or; (iii) to cause that person to omit to do any act which that person..........
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(5), 3(1)(x), Indian Penal Code, 1860, Section 447 -- Utterance of caste derogatory words - Utterance that PW1 belongs to lower caste - PW1 did not state as to specific words uttered regarding caste - No allegation levelled that accused tried to dispossess - Contradiction in the..........
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149 -- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no avail, as..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 279, 304 -- Discharge - Offence u/ss.279, 304(Part I)PC - In the instant case, there is no liability and responsibility of applicant/accused to place any sign board and when there is no involvement of accused in incident of vehicular accident between two motor vehicles, there is no reason to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased committed suicide by consuming poison - No evidence on record that soon before her death deceased was subjected to harassment at the hands of accused - Relationship between deceased and accused was normal - Conduct of parents of deceased not natural as they stated that deceased was being harassed by accused..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f) -- FIR - Delay of 14 hours in lodging FIR - Rape case - Delay occurred due to the fact that prosecutrix was threatened by accused with dire consequences if she reported the incident to anyone - However, immediately after incident prosecutrix allegedly deposed everything to her mother and..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - No injury found on the private parts of prosecutrix - Hymen was found intact - Merely because scratch marks were found on chest of prosecutrix same may not have any connection with rape, because such injury was on her chest but not on her breast - Wearing apparels of prosecutrix alleged to be blood stained sent to FSL..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW1, wife of deceased stated that there was no enmity between accused and deceased - Even accused were close relative of deceased and he had friendly terms with deceased - Enmity alleged was with co-accused - More so, two co-accused including one against whom motive was alleged..........
