Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Merely because defence did not question police witness on the issue whether FIR was ante-timed or not, it would not absolve prosecution of responsibility to prove its case beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 380, 411 -- Delay in lodging FIR - FIR lodged after lapse of about 15 hours from alleged time of incident - Explanation for such delay in lodging FIR is that informant had gone to some relative - Informant however, stated that he got FIR inscribed by one `S' at 4 P.M next day from the date of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Ante-timed or ante-dated - Police officer who recorded FIR is required to be properly cross-examined as to on what basis defence pleads FIR to be ante-timed or ante-dated - If no such requirement of law is completed and no such proper cross-examination of witnesses is being done, it cannot be presumed that FIR is..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - Three hours delay in lodging FIR cannot be culled as unusual, particularly in view of fact that PW1 picked up deceased and took him on a bullet car and on the way to police station he could get tractor of one person and by the time deceased was shifted in the same he expired, PW1 might have..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - FIR is ante-timed and also the documents including inquest report, photo lash and letter addressed to CMO were not prepared on date and time as alleged by prosecution - Possibility of prosecution case as spelt out in FIR being concocted after due deliberations and consultations..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Two PWs who prepared the chek FIR and G.D. entry were withheld by prosecution during trial and relevant G.D. entries were suppressed deliberately - No evidence on record that FIR lodged at the time mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Recovery becomes doubtful and untrustworthy in absence of any corroboration by any other evidence...........
