Indian Penal Code, 1860, Section 377 -- Unnatural offence - Absence of public witness - Incident of unnatural offence is generally committed in lonely place and it is not possible for prosecution to produce public witness - In absence of public witness, prosecution story cannot be disbelieved unless it is otherwise proved...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Victim was 5 years old at the time of incident and withstood lengthy cross-examination but nothing adverse material could be brought on record so as to disbelieve his natural evidence - There was no reason for victim to state falsely against accused - Statement of victim appears to be quite natural - Medical..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Modification of sentence - Incident occurred in the year 2000 - Considerable time has elapsed - Keeping in view nature of allegation against accused, injury found on victim, age of accused, sentence of 7 years as awarded by trial Court is modified to 3 years R.I...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B -- Bail - Cheating - Dispute regarding non-payment of amount for purchase of 11 trucks of apple boxes by petitioner - However, petitioner contended that entire payment falling to share of petitioner stands remitted into bank account of complainant - Petitioner is behind..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Enhancement of sentence - Prosecution proved its case against accused - Considering gravity and seriousness of offence, sentence of accused enhanced u/ss 307, 114 IPC to 7 years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Bail - Kidnapping and rape - Victim is aged about 16 years 2 months - Contention of consent does not arise - There is an allegation that accused had sexual act with force and medical evidence placed before..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 307, 323, 504, 506 -- Juvenile - Bail - Attempt to murder - All adult accused have been admitted to bail including co-accused, who is credited with role of assault with a knife - No positive material on the basis of which it may be inferred that in the event of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - Testimony of victim supported by medical examination - Though there was no injury or no mark of violence, but other findings were there to come to conclusion that intercourse had happened - Plea of false implication rejected, as not proved -..........
