Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
Criminal trial -- Negligence of investigation team - When ocular evidence is direct and clear and is fully supported by medical evidence then negligence of investigation team cannot be used by defence in support of their case...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CIA - Rape case - Investigation of case was conducted by Special Investigation Team and charge sheet is filed - Apprehension expressed by victim was that mobile phone belonging to accused were not taken in custody, was dealt with by Supreme Court and it was ensured that said mobiles would be in..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CIA - Offence u/ss 384, 389, 34 IPC - FIR lodged by mother of accused in rape case against victim/petitioner and her family - Protection is afforded to victim and her family members - Petitioner is invoking process of Court - No reason found as to why investigation into FIR at this stage be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to ensure that a criminal..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Authorization in favour of DSP was issued by Joint Director of Anti-Corruption Bureau, when he was performing his duties in public interest and not for his own benefit - Such authorization is valid and binding as it was an act of an officer de jure - Final report was filed after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Any act of commission/omission of I.O cannot go to advantage of accused - But in present case where FIR is said to have been registered within half an hour of occurrence and investigation also commenced and no reason found as to why `empties' and..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Material pieces of evidence like empties were lost, but this vital omission not explained by prosecution - Factum assumes importance particularly, in view of fact that FIR is alleged to have been registered promptly at 9.30 AM of occurrence which..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Material discrepancies between evidence of PW1 and PW3 as to whether there was a scuffle or not is not explained by prosecution, which raises serious doubt in prosecution case - Post mortem report shows four firearm injuries on deceased - PWs 1 and 3 not explained forth firearm injury, nor they have made any mention of..........
