Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Conviction on sole testimony of prosecutrix - Corroboration is not sine qua non for conviction in rape case - If evidence of victim does not suffer from any basic infirmity and probabilities factor does not render it unworthy of credence, as general rule, there is no reason to insist on corroboration except from medical..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Reversal of order of conviction - Trial Court which found testimony of prosecutrix reliable being corroborated by her mother's evidence, medical evidence, FSL report and other circumstances viz. absence of motive for any false implication etc. - High Court erred in brushing aside the evidence of prosecutrix and reversing..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Circumstantial evidence - Delay in recording statement of key witnesses, not explained - In the chain of circumstances viz., recovery of dead body, recovery of clothes and car of deceased at instance of A-3, and motive for commission of crime, not conclusively proved by prosecution - No evidence to prove that A-3..........
Indian Penal Code, 1860, Section 295A, Information Technology Act, 2000, Section 66, 67, Criminal Procedure Code, 1973, Section 439 -- Allegation levelled in FIR is that applicant is in whatsapp group - No direct role assigned to him - Role of applicant as per allegation appears to be distinguishable from other co-accused - Applicant has no criminal history - Charge sheet..........
Criminal Procedure Code, 1973, Section 231(2) -- Adjournment of cross-examination of CW1 - Bald assertion made by counsel of accused that defence of accused would be prejudiced if cross-examination of CWs 1 to 5 is not deferred until examinatio, i, chief of CWs 2 to 5 - No specific reasons pleaded for deferring cross-examination - Moreover, accused are highly influential..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Second bail application - Murder of wife by husband - Evidence on record shows that accused murdered his wife - Motive of crime is that deceased is said to have got an insurance of Rs.5 lakhs - Weapon of offence also discovered at the pointing of accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471 -- Quashing of FIR - Compromise - Cheating - Matter between parties compromised - Compromise is genuine and Court has no inhibition in accepting compromise and quashing FIR as well consequent proceedings arising out of FIR - Proceedings quashed...........
Indian Penal Code, 1860, Section 307, 34 -- Reduction of sentence - Attempt to murder - Conviction - Prosecution witness clearly establishing that he had sustained injuries inflicted by accused persons using sharp weapons - Testimony of prosecution corroborated by evidence of medical officer, which also shows that injuries might have caused death - Offence punishable..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
Indian Penal Code, 1860, Section 228A, Protection of Children from Sexual Offences Act, 2012, Section 33(7), 23 -- Protecting identity of victim in an offence of rape or an offence under POCSO Act - Name of victim not be indicated in the judgment - S.33(7) of POCSO Act casts a duty on Special Court to ensure that identity of victim is not disclosed at any time during the..........
