Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Factum of death owing to accident in question deposed by PW1 and PW2 but they not cross-examined on this aspect by defence - It is thus, u, rebutted and uncontroverted and same is to be taken with intact evidence - Moreover, on basis of PWs as well as formal exhibits proved by I.O as well as..........
Indian Penal Code, 1860, Section 376(A), 302 -- Rape and murder of 5-1/2 year old deaf and dumb girl - Death sentence - Rarest of rare case - Deceased was hapless, deaf and dumb minor girl, which was lured by accused to his house on pretext of providing chocolates/toffee - She was gagged, raped and thereafter murdered by accused in his own house and dead body of deceased..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 392, 394, 34 -- Concurrent running of sentences - Three FIRs relating to different transactions - Offence u/ss 392, 394, 34 IPC - Accused is a young man with roots in his family - Accused already undergone 10 years of imprisonment for conviction in one FIR and currently undergoing imprisonment for..........
Indian Penal Code, 1860, Section 414 -- Offence u/s 414 IPC - Prosecution failed to prove that property recovered at the instance of accused which was lying in his taxi which was stolen earlier or that accused had any prior knowledge that goods recovered were actually stolen property - Even accused has not been put any question u/s 313 Cr.P.C regarding ownership of goods..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Conviction - Appellate Court suspended sentence during pendency of appeal - Failure to appear before appellate Court on the date fixed due to illness - Having regard to fats and circumstances of the case, bail granted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Sentence suspended subject to petitioner`s depositing 30% of total compensation amount as well as fine amount and by furnishing personal bond - Neither petitioner furnished bonds nor deposited compensation amount ordered -..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Sufferings in prison cannot be ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Delay in disposal of mercy petition may be a ground calling for judicial review of order passed u/arts 71, 161 of Constitution - But quick consideration of mercy petition and swift rejection of same cannot be a ground for judicial review of order passed..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - Absence of recommendation of Superintendent of Jail - Considering high position of President of India and constitutional duty which President is discharging, it may not be appropriate for superintendent to make..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - All documents were taken into consideration and upon consideration of relevant records and facts and circumstances surrounding crime, President rejected mercy petition - Even defence of accused considered by trial Court,..........
