Indian Penal Code, 1860, Section 354 -- Misbehaviour with victim and she was told to leave the spot - Victim not suffered any injury nor her clothes torn - It can be said to be use of criminal force but not criminal force with intention to outrage modesty of victim - Conviction altered from S.354 to S.352 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Love affair between parties - Prosecutrix being a major lady had love affair with accused and they enjoyed sex many time - She became pregnant but she did not even divulge such fact till the date of her delivery of a male child - It cannot be said that prosecutrix was subjected to forcible sexual intercourse by accused without..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Compulsory attestable documents -- Wills u/s 63 of Indian Succession Act, 1956, gifts u/s 123 and mortgages u/s 59 of Transfer of Property Act, 1882 are compulsorily attestable documents...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 9, 3 -- Attempt to murder - Test identification parade (TIP) - Appreciation of evidence - As per testimony of complainant, it appears that complainant not stated procedure and manner in which TIP held - Even, complainant not stated that TIP carried out in presence of 2 panchas - Moreover,..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - As per the testimony of complainant, at the time of incident, A2 was only present in company of A1 - No other allegations have been levelled against A2 - Moreover, it is nowhere stated that during altercation, A2 was inspired by A1 or any criminal..........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Non-examination of independent witness though available with prosecution - Creates prosecution case doubtful...........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Unless panch witness positively states that he has eye-witnessed the recovery, his mere signature on such recovery panchnama becomes useless in proving the recoveries...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Panchas not supported contents of panchnama - Their evidence cannot be considered at all...........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - 3 injuries caused to complainant by single blow of razor - Not possible - As per evidence on record, injuries caused to complainant were neither serious in nature nor sufficient to cause death in natural course jointly or severally - Even, on the..........
