Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Reduction of sentence - Accused `L' has died while serving out the sentence - Accused `N' is in custody since 2014 and has almost completed more than six years of sentence awarded - Moreover, since charge proved against accused `N' is of an abettor,..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident - Deceased child died due to head injuries sustained in the accident - Evidence of eye witnesses coupled with medical evidence are cogent, consistent and convincing - Accused was present at the time of occurrence as per Mahazar witnesses - Discrepancy with regard to type and nature of..........
Indian Penal Code, 1860, Section 304(Part II), 323, 325, 34 -- Nature of offence - Sudden fight between parties - Only bamboo was used during said fight and it was accused who allegedly gave blow on head of deceased by a lathi like object - No deadly weapon was used by accused - Nature of weapon used during said fight goes to show that assailants might not have any..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 118 -- Murder - Chance witness - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Presence of witnesses near place of occurrence was natural and their testimony of crime was cogent and consistent - Courts below erred in not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Award challenge on the ground that both the parties were Indian nationals - S.44 is party-neutral, having reference to place at which award is made - Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to..........
Indian Penal Code, 1860, Section 364A -- Offence u/s 364-A IPC - Appeal against acquittal - There is no independent evaluation of evidence or for that matter of submissions which were recorded by High Court - While deciding criminal appeal on merits, High Court was required to apply its minds to entirety of case including evidence on record before arriving at its..........
