Indian Penal Code, 1860, Section 376 -- Rape - Minimum sentence - Though minimum sentence provided for the offence u/s 376(1) IPC is not less than 7 years, however, for adequate and special reasons in law, lesser punishment which may be less than 7 years may also be imposed...........
Indian Penal Code, 1860, Section 376, 377 -- Rape of 11 years old girl - Unnatural offence - Quantum of punishment - Accused was hardly 31 years of age at the time of incident - He has been in jail since his arrest - It is not reported that accused had an bad antecedents and after the occurrence also, he repeated any such crime - There are lot of chances for reformation -..........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - Cruelty - Cause of death was not certain - Defence contended that deceased died due to snake bite - However, dead body of deceased exhumed 14 days after her death and postmortem not yielded any results as to cause of death - It is thus uncertain that whether there was a snake bite or there was ill treatment..........
Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506 -- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
Indian Penal Code, 1860, Section 302, 34, 364, 201, Evidence Act, 1872, Section 30 -- Murder - Circumstantial evidence - Extra judicial confession of co-accused, who is tried separately before JJ Board - Cannot be read against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, 364, 201 -- Murder - Circumstantial evidence - Motive and Last seen evidence - By itself is a weak nature of evidence and cannot be made sole basis of conviction, although it may be taken as additional circumstance to lend credence to evidence of prosecution otherwise on record...........
Indian Penal Code, 1860, Section 302, 34, 364, 201 -- Murder - Circumstantial evidence - Motive and last seen evidence - Mother of deceased alleged in the FIR that one `R' who first of all informed that deceased was lastly seen with co-accused on a tractor, but neither name of accused was mentioned in FIR nor said `R' was produced by prosecution as a witness - Withholding..........
Indian Penal Code, 1860, Section 376 -- Rape - When sole testimony of prosecutrix is reliable, accused can be convicted without any corroboration, even in the absence of medical evidence...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl - Sole testimony of prosecutrix - Radiological age of prosecutrix 16-18 years - Prosecutrix in her examination narrated the whole incident of rape - Accused left prosecutrix when she started screaming - Testimony of prosecutrix is reliable and consistent - Although there is no medical evidence on record, as..........
Indian Penal Code, 1860, Section 420, 467, 468, 470, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Allegation against accused is that he furnished false information or has not furnished correct information regarding his children while contesting election - Furnishing false information before a public servant cannot be equated..........
