Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - In a case based on circumstantial evidence if entire chain is duly proved by cogent evidence, conviction could be recorded even if corpus is not found - But when dead body of deceased was discovered from place shown by accused, it is imperative on part of prosecution to..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused made extra judicial confession through an inland letter addressed to PW19 - However, prosecution has not examined handwriting expert for proving handwritings of accused contained in inland letter allegedly..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of accused - When there was huge time gap of about more than six months between date of incident and date of recording of statements of witnesses by I.O, Test Identification Parade (TIP) would have assisted police in identifying accused seen by PW7 - However,..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of dead body - Corpus found after almost 5 months from the date of incident and was in a highly decomposed condition - Identification was done by getting skull super imposition test done through forensic expert - However, since super imposition report was not..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - If a man retracts from his promise to marry a woman, consensual sex they had, will not constitute an offence of rape u/s 376 IPC unless it is established that consent for such act was obtained by him by giving a false promise of marriage with no intention of being adhered to and that promise made was false..........
Indian Penal Code, 1860, Section 313 -- Offence u/s 313 IPC - Where victim was forced for miscarriage due to some medical complication, S.313 IPC is not attracted...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and prosecutrix were in consensual relationship for past four years - They voluntarily went together to several places and had consensual sex - There is no specific allegation in First Information Statement that accused had given a promise to prosecutrix to marry which at the inception was false and based on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
