Indian Penal Code, 1860, Section 181, 182 -- Offence u/ss 181, 182 IPC - Order framing charges - Allegation that petitioner during course of trial, resiled from his previous statement and did not support the prosecution case - However, previous statement given by petitioner before I.O and Magistrate are not substantive piece of evidence - Charges framed against petitioner..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident and jeep collided with..........
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Circumstantial evidence - Last seen theory - Accused and deceased were in each others company at night in the room - Thereafter deceased went missing - Onus is on accused to explain as to what happened to deceased - Accused failed to explain the same - Body of deceased recovered from river and PW3 had..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Dead body of deceased found in a graveyard with multiple injuries - Accused made confession to PW9, who is not previously known to him - It is doubtful as to whether accused would have chosen a total stranger to make confession - Moreover,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 30 -- Murder - Circumstantial evidence - Confession by a co-accused - Extra judicial confession of co-accused cannot be used as substantive evidence against accused and cannot be sole foundation for conviction - Since except extra judicial confession, there is no evidence against accused, accused acquitted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury on head of complainant not attributed to petitioner - As per x-ray report of skull, no fracture was seen - This apart other injury on the neck of complainant attributed to elder brother of petitioner and he has been declared innocent during investigation - Once main accused to whom injury on neck was..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Quantum of sentence - Accused not a previous convict and not involved in any other criminal case - He claims to have purchased a house in the name of prosecutrix - Prosecutrix not presented true facts regarding the financial assistance provided to her by accused before lodging FIR - Though custody..........
Indian Contract Act, 1872, Section 14 -- Lack of free consent - When plea of lack of free consent is being resorted to by an executant of a document, it pre-supposes the admission of execution...........
