Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement submitted by witness himself to I.O and I.O assured its genuineness and same if reduced in writing shall be a statement duly recorded u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement of a witness can be taken to be statement u/s 161 Cr.P.C. when it was reduced in recording in case diary in presence of witnesses as well as I.O has made questions also which are also reduced in writing along with answers...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Indian Penal Code, 1860, Section 376AB, 506(I) -- Penetrative sexual assault - Testimony of victim - Victim was 6 years old at the time of incident - Statement of victim was recorded u/s 164 Cr.P.C and she stated about the incident almost in same manner, in which she deposed before Court - Though..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Two ingredients to be satisfied : (1) The offender has sung, recited or uttered any obscene song or word in or near any public place and (2) has so caused annoyance to others...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Consulting room of doctor in a Hospital - Not a public place or near public place to attract offence u/s 294(b) IPC...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Words allegedly uttered by accused not aroused sexually impure thoughts in the mind of the hearers - Basic ingredients of S.294(b) IPC are not attracted - Proceedings quashed...........
Indian Penal Code, 1860, Section 354A -- Offence u/s 354-A IPC - None of ingredients of S.354-A IPC attracted in view of FIS - No purpose will be served in proceeding further against accused - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence available on record was ignored by trial Court while allowing application for summoning of additional accused - Sufficient evidence was collected by I.O which does not suggest involvement of proposed accused in the crime - Order allowing application u/s 319 Cr.P.C. set..........
