Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Testimony of victim - Victim identified accused in Court and also stated that he used to wander in their vicinity after consuming liquor and she knows her - She told the nick name of accused to her parents - Victim had given details as to how incident had taken place and who has done the act -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - DNA report - DNA samples of accused, victim and child was taken and accused and victim concluded to be biological parents of child as per prosecution - However, no evidence on record as to exactly when victim delivered the child, for how many days child was alive, when samples of child were taken and by whom - Even,..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Deceased died as she was set ablaze - First dying declaration of deceased implicates accused and said dying declaration fulfill all requirements - Evidence of witnesses and post mortem report states that injuries on the body of deceased would be the..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
