Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Injury inflicted on injured victim finds corroboration by ocular testimony of injured himself and medical evidence - That apart, witnesses who had appeared at the spot have also been examined and have corroborated the incident of inflicting injury on injured person by accused - It is thus, proved that..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Reduction of sentence - Victim is the wife of accused - She filed a case for claiming maintenance u/s 125 Cr.P.C - Victim was questioned by accused as to why she had filed case against him which circumstances led to commission of offence of injury inflicted on victim by accused - There appears..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Defence of accused is that mother of prosecutrix was letting her friends abuse prosecutrix with intention to introduce her to flesh trade - However, I.O deposed that mother of prosecutrix was not found to be involved in the commission of crime - Even, prosecutrix had not..........
Indian Penal Code, 1860, Section 307, 34 -- Offence u/ss 307/34 IPC - Acquittal of two co-accused - Acquittal of appellant would be a deemed consequence - Appellant at best could be held responsible for the individual act attributed to him by witnesses - Injured and eye witness deposed that initially repeated blows were given on head of injured by some other man and..........
Indian Penal Code, 1860, Section 307, 34 -- Offence u/ss 307/34 IPC - As per allegation, accused bit thumb of injured - However, medical evidence that no abrasions were noticed on person of injured as a result of teeth bite - Evidence of eye-witnesses totally contradicted by medical testimony - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Stealing of mobile phone - Accused had lifted mobile phone from shop - However, there is no evidence that accused had stolen property by showing a knife - PW3 and PW4 are material witnesses to the incident - However, their testimony is inconsistent with each other - Testimony of PW5 also does not throw any light on the..........
Indian Penal Code, 1860, Section 217 -- Offence u/s 217 IPC - Order taking cognizance - Prima facie petitioner who was a senior Police Officer had deleted part of proposed charge sheet for offence u/ss 307, 308 IPC and had also deleted one of accused proposed by earlier I.O - Even, petitioner left out one accused from being made as accused while Magistrate has found him to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant not placed on record that accused was residing in village `S' at time of alleged advancement of loan to him - Even, there is nothing on record to prove that complainant knows much about accused nor he has any written acknowledgment regarding lending to accused -..........
