Indian Penal Code, 1860, Section 376, Information Technology Act, 2000, Section 67A, Evidence Act, 1872, Section 2 -- Rape - Accused/teacher alleged to have forcibly committed rape on victim girl/student - As per prosecutrix, accused prepared video himself when he was committing rape on her and later on circulated same - Matter reported to police after about 2 years from..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Proof - Evidence on record fully established last seen theory - Blood stains found on appellant's shirt, considered along with factum of appellant having led prosecution to discover his blood stained clothes and body of deceased put together, blood stains found in shirt of appellant, could have been..........
Circumstantial evidence -- Chain of circumstances complete - No infirmity in conviction...........
Indian Penal Code, 1860, Section 363, 376 -- Abduction and rape - Prosecutrix narrated every minute detail as to how appellant allured her by taking advantage of her contact with him and how he persuaded her to earn tons of money and also gained confidence of prosecutrix to go along with him and misused his company by keeping her in a place where she was not acquainted..........
Constitution of India, 1950, Article 226 -- Juvenile Justice (Care and Protection of Children) Act, 2000, S.2(i) (as amended by S.4 of Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, Ss.7A, 19, - Habeas corpus - Detenue was 17 years 5 months 26 days old at time of commission of offence - He already spent more than 11 years in jail - He was a..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313 -- Gang rape - Bald statement by accused that they were innocent - No explanation as to why prosecutrix deposed against them and involved them in such a heinous crime - Conviction calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of contraband - Acquittal - Validity - Cannabis, when produced in Court, weighed less by 660 gms - Chemical analysis report not brought on record to show that contraband was really cannabis - Held, conviction of accused cannot be sustained in view of aforesaid two vital defects in prosecution..........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Complainant party having fire arms and other weapons entered field of accused - Gave beating to them - Death of one from each side and mutual injuries to others - Right of private defence accrued to accused - Injuries on the person of accused not explained - Most of the prosecution witnesses turned hostile - Wife of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Proof - No reliable evidence on record that appellant demanded money and received same from informant - Evidence that informant himself inserted money in pocket of appellant does not amount to acceptance of money by appellant - Evidence of DW1 rather reveals that when money was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
