Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Allegation that co-accused directed or instigated accused to drive jeep to run over deceased - However, evidence of PWs and dying declaration does not support such allegation - Disturbance caused at the place of incident between students and authority of college - Circumstances..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 59 -- Rape of minor girl - Determination of age - Date of birth mentioned in the transfer certificate would have no evidentiary value unless the person, who made the entry or who gave the date of birth is examined...........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Entries in school register/school leaving certificate are required to be proved in accordance with law and the standard of proof required in such cases remained the same as in any other civil or criminal cases...........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Prosecutrix transferred from another school but name of original school was not mentioned - When in the certificate name of original school from which student was transferred is not mentioned then such..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Presence of complainant and PW2 at the place of occurrence is doubtful - Except evidence of said witnesses, no evidence relied upon by prosecution to strengthen its case - Rather version of defence as seen from evidence that complainant and accused person are related to each other and there was continuous enmity between..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Testimony of prosecutrix was perfectly reliable and fully corroborated by medical evidence - Accused himself not denied that he was caught hold by two witnesses just outside prosecutrix's house and no explanation given for the same - Medical reports indicates bruises on breasts of..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Quantum of sentence - Minimum sentence provided for offence u/s 376 IPC is 7 years and maximum sentence is 10 years or life imprisonment - Though trial Court while awarding life imprisonment of accused opined that maximum sentence of life is awarded to accused, as he being Sarpanch..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 323, 504 IPC and S.3(1)(x) SC/ST Act - Appeal against acquittal - Leave to appeal - Sequence of assault and injuries were not in corroboration with each other - There was variance of one and half hours in time of..........
Indian Penal Code, 1860, Section 366, 354 -- Kidnapping - Outraging modesty of woman - Allegation that accused dragged PW1 and victim, though PW1 was rescued and accused committed rape upon victim and her body was found hanging on tree next morning - Evidence of PW1 that they shouted but none came to their rescue, does not inspire confidence, as accused were dragging the..........
