Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Testimony of prosecutrix - FIR registered on basis of statement of prosecutrix - As per medical report, prosecutrix was subjected to sexual intercourse especially keeping in view presence of spermatozoa detected on her clothes - Prosecutrix rendered consistent version qua the commission of offence by accused -..........
Indian Penal Code, 1860, Section 376(2) -- Gang rape - Plea of DNA test of an accused, not available to co-accused - Deceased accused made specific request for DNA profiling to show his innocence - But investigating agency failed to conduct DNA test - Appeal abated on death of accused - Controversy qua deceased accused not under consideration - Request of DNA testing of no..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Reduction of sentence - Amendment of S.376 in 2013 - Applicability - Accused sentenced to undergo imprisonment for 10 years - As per amendment, Court for adequate and special reasons may impose sentence of imprisonment for less than 10 years - Accused not involved in any other criminal case - Accused under gone..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 305, 306, 384 -- Default bail - Deceased committed suicide after poisoning his family members including a minor child - Police initially proceeded u/s 306 IPC and was required to file charge sheet within sixty days after the date of arrest - Charge sheet not filed within sixty days - Bail..........
Indian Penal Code, 1860, Section 452, 323, 427, 506 -- Injury received by complainant on his elbow not shown to be caused by fist and kick blow - As regarding alleged injury on the mouth of complainant which broke his tooth, same not found supported by medical evidence, as no tooth was found broken - Moreover, if there was even an iota of truth in this allegation, then..........
Indian Penal Code, 1860, Section 306, 498A -- Nature of offence - Father and brother of deceased never made any compliant previously regarding maltreatment given by accused to deceased wife - Both husband and wife were living in a separate house and were having two children - In the absence of any evidence that on any previous occasion deceased was harassed or beaten by..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Accused is not previous convict and has not misused concession of bail - He has to look after his two children and he also faced agony of protracted trial since 2011 - Moreover, accused already undergone 1 years and 8 months of his sentence out of 2 years 1 month and 17 days, sentence of accused..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Last seen theory - PW9 saw two accused and their accomplice following deceased - In normal case, following someone may not be sufficient evidence of last seen - However, as per PW9 accused along with their accomplice followed deceased at night when there would be not be many other..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Motive - Watch of deceased recovered from accused `G' in the presence of PW9, who being brother-in-law of deceased gifted the same to deceased - No test identification parade of watch was required to be conducted, since watch recovered in presence of..........
