Indian Penal Code, 1860, Section 409 -- Misappropriation of public funds - No evidence on record to show that missing cash vouchers were entrusted to accused or accused was custodian of the same at any time - No offence made out against accused from the contents of FIR and material available on record - Even a suspicion does not arise about commission of offence by accused..........
Indian Penal Code, 1860, Section 499 -- Defamation - Exception 8 - Accused circulated contents of letters to students, lecturers and colleges staffs to defame complainant alleging that they illegally earned one lakh by conducting coaching classes - However, imputations in published letters found substantially true - Requisite mens rea, intent, knowledge to satisfy offence..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Eye witnesses stated that accused inflicted an axe blow in centre of skull of deceased - Injury on the skull was caused with a help of a sharp edged weapon, lead to coma as a result of which death was immediate and natural cause - Deceased was unarmed when he was seized upon and assaulted by accused..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 323, 341, 506, 379B, 201, 216, 34 -- Cancellation of bail - Offence u/ss.302, 323, 341, 506, 379-B, 201, 216, 34 - As accused are putting pressure upon witnesses for compromise and posting of such type of video on facebook shows their conduct that they are indirectly threatening witnesses..........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Socio economic factors must be taken into consideration while awarding sentence particularly ground realities relating to access to justice and remedies to justice that are not easily available to poor and needy...........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Murder case - Merely because case is one of circumstantial evidence, that by itself is not enough to convert a sentence of death into a sentence of life imprisonment...........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Murder of six members of one family - No material on record that gravity of crime caused revulsion in society or that it had materially disturbed normal life in society - No meaningful discussion on why, if at all, accused could not be reformed or rehabilitated - Since there is no material on record that accused..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 3 -- Rape and murder of 3 year old girl - Death sentence - Based on circumstantial evidence - Ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence - But there is no hard and fast rule that death sentence should not be awarded in a case of..........
Criminal Procedure Code, 1973, Section 53A, 54, Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- DNA profiling - Offence u/ss 376(2)(f), 377, 302 IPC - Where DNA profiling has not been done or it is held back from the trial Court, an adverse consequence would follow for the prosecution...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
