Indian Penal Code, 1860, Section 302, 364, 34 -- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but identification done is only based on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 471, 120B -- Bank loan - Non payment - Offence u/ss 420, 471, 120-B IPC - Dispute between bank and accused brought to an end by making payment to Bank - Held, criminal proceedings not to be quashed even ifaccused repaid the loan amount, as it is a grave criminal offence that has the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping of 5 years old boy for ransom - Evidence of PW1, PW5 and PW6 are consistent on the point that ransom call were made by kidnappers and direction was given to them as to how ransom amount is to be paid - Ransom amount from the train compartment was picked up by accused, who was accompanied by his three associates and..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape continuously for six months - Mother of two children, elder being 24 years of age, raped continuously for six months - Prosecutrix giving money to accused now and again and saying that she was forcibly raped against her wishes, is neither palatable nor digestible nor..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape - Medical evidence - No injuries found on body of prosecutrix - This does not mean that injuries on the person of victim are must to prove charge of rape against accused, but in case of forced sex there are chances of abrasion on the thigh, breast, hands and neck of..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Prosecutrix admitted that she herself called accused, at the time she was alone in her house - Extent to which prosecutrix has gone to state incorrect facts is that she bleeded, when she was raped for the first time - Prosecutrix tried to behave as if she was virgin, when she was..........
Indian Penal Code, 1860, Section 363, 367, 342 -- Abduction - Prosecutrix aged more than 41 years, earlier, left the house at her own will and went alongwith accused - Thereafter again prosecutrix left the house at her own will and lived with accused and a concocted and false story of abduction is knitted afterwards - No case is made out against accused - Accused rightly..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Pre-mature baby expired within 24 hours of delivery - Matter should first be referred to a competent doctor or committee of doctors specialist in relevant field - When such a doctor or committee reports that there is prima facie case of medical negligence, only then notice should be issued to doctor or hospital..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment without any premeditation - Act committed in the heat of passion upon a sudden quarrel without having taken undue advantage or acting in a cruel or unusual manner - No enmity or motive of accused to commit the alleged crime - Weapon used was not lethal -..........
