Prevention of Corruption Act, 1988, Section 7, Evidence Act, 1872, Section 24 -- Illegal gratification - Extra judicial confession - Evidence of PW1, PW2 and PW3 shows that confessional statement made by Officer did not appear to be voluntary, as they were already aware about the racket of touts in recruitment scam - PWs admitted that officer was part of team - No material..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Victim was merely aged about 7 years and accused has committed a heinous offence by sexually assaulting him - DNA profile obtained from underwear of victim matched with DNA profile obtained from blood sample of accused - Ocular version as well as..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Comparison of disputed handwritings/signatures with admitted handwriting/signatures, separated by a time lag of 2 to 3 years would be desirable so as to facilitate expert comparison in accordance with satisfactory standards...........
Evidence Act, 1872, Section 32 -- Dying declaration - Merely because weapon used in crime not recovered cannot be a ground not to rely upon dying declaration which was recorded before Executive Magistrate which has been proved by prosecution...........
Indian Penal Code, 1860, Section 304(Part I), 149, Evidence Act, 1872, Section 32 -- Offence u/ss 304(Part I), 149 IPC - Dying declaration - Dying declaration of deceased was recorded on next day of occurrence - Since deceased was having stab injury by a knife, there was possibility of danger to his life and therefore by way of prudence, if dying declaration was recorded..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6, Indian Penal Code, 1860, Section 506(i) -- Aggravated penetrative sexual assault - Testimony of victim - Victim girl is a minor - She deposed that she knows accused through phone - Victim refused to accompany accused, but accused taken her as her father called her so she went along with him - Accused..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Medical evidence - Allegation that accused after committing murder of deceased had thrown dead body on Railway Track - However, as per post mortem report, deceased suffered 14 ante mortem injuries - It is thus, evident that when body of deceased was crushed by running train, he was alive as all injuries..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
