Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - A-5 found guilty by trial Court only with the aid of 120-B IPC - Admittedly, A-5 was not present on the spot and he has also not participated in crime physically - Prosecution produced telephone call details of A-5 to establish criminal conspiracy u/s 120-B IPC - However, same was discarded by trial Court..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 34 -- Common intention - Incident occurred admittedly during night time - No evidence on record that A-3 and A-4 were aware of fact that A-1 was having a gun with him - Evidence of eye witness/PW13 who spoke about common intention on the part of accused on previous night to do away with deceased, did not find favour with Courts - Evidence..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim declared hostile - Accused is in custody since 2015 - No report from jail that accused has in any way been unruly and he is not entitled for remission on basis of his good behaviour - Conviction upheld - However, sentence of rape..........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix has fully supported case of prosecution - She has been consistent right from very beginning - Nothing has been specifically pointed out why sole testimony of prosecutrix should not be believed - There is no doubt in credibility and trustworthiness of prosecutrix - Therefore, without any further..........
