Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once an act of domestic violence was committed then subsequent decree of divorce will not absolve liability of respondent from offence committed or deny benefit to which aggrieved person is entitled...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused assaulted deceased with an iron locking plate without any provocation and premeditation - There was no motive and over act attributed to accused - Factum of prior treatment of accused is not in dispute which is corroborated by AW2 on more than one occasion - Report of Government Doctor AW1 is..........
Indian Penal Code, 1860, Section 302 -- Murder of parents by their own son - PW2 stated that accused is a school teacher and he had very lovely relation with his parents - No evidence on record that accused was last seen together with deceased - Post mortem report depicts involvement of two persons in the crime - Recovery of bricks and clothes at the instance of accused..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim is aged about 7 years and accused is her father - She did not support prosecution and stated that her father/accused never indulged in any wrong act with her nor she had made any statement to police - Even, scientific evidence does not corroborates prosecution..........
Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - If trial Court is of opinion that order to release on probation is not advisable, trial Court has to assign reasons for non-giving the benefit of probation...........
Criminal Procedure Code, 1973, Section 360(4) -- Benefit of probation - Benefit as per S.360(4) Cr.P.C can be awarded by appellate Court or by High Court while exercising its power of revision...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased and accused used to reside in same house - Prosecution has not brought forward any evidence which could at least establish the fact that at the time of occurrence, accused was inside the house - Prosecution thus, failed to discharge its burden to prove case beyond..........
