Indian Penal Code, 1860, Section 307, 504, 506 -- Attempt to murder - Compromise - Parties closely related to each other - Moreover, gunshot injury sustained by victim is on his no, vital part of body, which does not fall in the category of either attempt to murder or of heinous crime - Criminal prosecution against accused in such circumstances would be exercise in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, Indian Medical Council Act, 1956, Section 15(2), 15(3) -- Anticipatory bail - Cheating - Accused without having proper medical degree in allopathy medicine had been practicing the same endangering lives of people coming to him for treatment - Version put by accused that clinic used to be..........
Indian Penal Code, 1860, Section 376 -- Rape of five years old girl by 33 years old accused - Merely on basis of absence of sperms, it cannot be held that rape was not committed, as mere penetration is sufficient to constitute sexual intercourse...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 3 -- Rape and murder of five years old girl by 33 years old accused - Circumstantial evidence - Testimony of PWs - Three PWs examined to prove facts and circumstances of case - All of them are natural and probable witnesses residing in same house from where victim had disappeared and her body was found..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Statement of accused u/s 313 Cr.P.C - Rape and murder of five years old girl by 33 years old accused - Victim not transpired for 2 days from date of missing - Recovery of dead body of victim and her belonging were made from room of accused - No explanation given by accused in his..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of five years old girl by 33 years old accused - Circumstantial evidence - Dead body of victim recovered from room of accused in naked condition with full of blood - Half tongue of victim was coming out of her mouth - Faecal matter had come out of her anus - These circumstance shows that victim who was of a..........
Indian Penal Code, 1860, Section 325, Evidence Act, 1872, Section 45, 3 -- Grievous hurt - Injury of tooth - Declaring it grievous without x-ray examination - Held, Dental Surgeon, on the basis of his own experience, can visualise an injury of a tooth with naked eyes and declare it grievous even without x-ray examination...........
Indian Penal Code, 1860, Section 325 -- Grievous hurt - Conviction - Injuries inflicted on face with fist blows and given other latent injuries - Corroboration by Medical evidence and testimony of eye witness PW1 - Non examination of other eye witnesses named in FIR not fatal to prosecution case - Conviction of accused can be sustained from testimony of one eye witness who..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix not supported prosecution case - Eight PWs yet to be examined - Petitioner is in custody since 03.01.2017 - Trial not likely to conclude in near future - No allegations on behalf of State..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
