Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Murder - Deceased expired on account of injuries received in incident of quarrel - However, what was real cause of injuries not proved on record - Contradictions, inconsistencies and discrepancies in deposition of spot witnesses are establishing three parallel stories with respect to manner and sequence of events of..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Constitution of India,1950 -- Entry 91, List I of Seventh Schedule, Rajasthan Stamps Act, 1998, Ss.3, 90, Companies Act, 1956, S. 394 - Applicability of S.90 of Rajasthan Stamp Act - S.90 of Rajasthan stamp Act is applicable in respect of documents specified in Entry 91 of List I of 7th Schedule of Constitution which provides for rates of stamp duty with respect to..........
Indian Penal Code, 1860, Section 376, 376(2), 384, 328, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Whatsapp messages - Reproduced in application - Complainant not denied the contents of all the Whatsapp chats reproduced in application - Prima facie, the messages/chats do not even remotely suggest that any such incident as alleged had happened or that..........
Indian Penal Code, 1860, Section 166 -- Offence u/s 166 IPC - Mere breach of departmental rules will not bring a public servant within purview of S.166 IPC - There must be materials to show that accused had willfully departed from direction of law with intent to cause injury to any person...........
Indian Penal Code, 1860, Section 166, 167 -- Offence u/ss 166, 167 IPC - Quashing of proceedings - Allegation against petitioner is that she acted against Rules and guidelines and had refused to register settlement deed - However, all that petitioner had done was requested de facto complainant to produce original of Patta obtained by his predecessor in terms of Circular..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Non-production of child witness is of no consequence, as she was taken away at wee hours and was subjected to rape in a truck, chances of her recognizing accused are remote...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
