Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder and robbery - Circumstantial evidence - Motive - Prosecution alleged that robbery as motive of crime - However, site plan panchnama shows that expensive ornaments like gold, pearl necklace etc. were left behind on person of deceased - No explanation as to why accused would intend to..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of shirt of accused - Murder and robbery - Mere recovery of shirt of accused at his instance allegedly matched with small broken button found at the scene of crime, would not prove the guilt of accused, particularly when nothing in record to show that shirt is unique and cannot be..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Death sentence - Accused killed six innocent persons out of which two were minors in a preplanned manner - He meticulously planned the time - Only one person of family i.e PW5 could survive - Accused kidnapped first three persons by way of deception and took them to canal and after..........
Indian Penal Code, 1860, Section 376, 323, 342 -- Rape of 7 years old girl - FIR does not give description of accused either in form of age or physique - Though accused was seen running from scene of occurrence holding his pant by PW1/father of prosecutrix, but he could not see face of person who ran after commission of offence - Even in identification parade, PW1 not..........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Registrar in an inquiry has duly affirmed the veracity and bona fide nature of certificates adduced by schools attended by applicant - Certificate issued and school records of applicant is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 341, 323, 294, 506, Protection of Children from Sexual Offences Act, 2012, Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 42 -- Bail - Sexual abuse of girl children living in Child Care Centre - Statements of most of girl students staying in Centre..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death sentence - Delay of 5 years in deciding mercy petition - Inordinate and unexplained delay in deciding mercy petition - Mercy petition is the last hope of a person on death row - Petitioner has now been behind the bars for almost about 14 years - Regardless of brutal nature of crime, this is not a fit case where..........
