Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Indian Penal Code, 1860, Section 366, 376(2)(i), 324, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape of 9 years old girl - Name of accused not mentioned in FIR - FIR was registered against unknown person - Incident took place in the night hours - Victim did not identify person who kidnapped her as it was dark and she could not..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Indian Penal Code, 1860, Section 304, 324, 34 -- Offence u/ss 304, 324, 34 IPC - Land dispute between parties - Contradictions and discrepancies regarding injuries received by PW1 and deceased - Regarding scene of incident there is no corroborative evidence from PWs - Evidence spoken by PW1 is contrary to his version before I.O. - Evidence adduced by prosecution suffers..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Accused acquitted on the basis of statement of witnesses which did not inspire confidence and were not found to be trustworthy - Courts below came to conclusion by way of detailed and speaking order that prosecution has failed to prove charges against accused beyond reasonable doubt - No interference..........
Indian Penal Code, 1860, Section 302, 323, 324, 307, 148, 149, 506 -- Murder - Presence of mother of deceased on the spot of crime was not proved - None of eye witnesses were able to support prosecution case - Mother of deceased gave a completely different narration of events as compared to PW1 - She is thus, an interested witness and her evidence was not reliable - No..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
