Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Names of accused had transpired only when two of them were arrested by police in connection with secret information of they being in possession of fire-arms - Accused were arrested on suspicion and from their possession firearms were recovered - It was only after their arrest that PW1 stated that she had seen..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1)(1B), Evidence Act, 1872, Section 6 -- Murder - Conviction - Pronouncement that appellant was standing with a gun and his firing the gun at victim, are all circumstances so intertwined with each other by proximity of time and space so that the statement of the deceased became part of the same transaction -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Chance witness - `P' told to complainant about fact that he saw accused going in fast paces after the incident and he was carrying a country made pistol in his hand - Statement of `P' recorded u/s 161 Cr.P.C - Thereafter accused killed `P' - Witness `P' is not an injured person or a complainant..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 32 -- Double murder case - Complaint as dying declaration - Xerox copy of complaint written by deceased `M' prior to his death to police, produced by son of deceased regarding threats from accused - However, said complaint does not mention accused - Complaint does not prove the fact that accused..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Statement of wife to PW while she was alive would not fall u/s 32(1) of Evidence Act, so as to become admissible, since cause of death does not come up for consideration in prosecution u/s 498-A IPC...........
