Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Whether person is capable of reformation and rehabilitation should be taken into consideration while imposing death penalty...........
Indian Penal Code, 1860, Section 302, 307, 506(2), 450 -- Triple murder case - Death sentence - High Court while confirming death sentence failed to look at aggravating and mitigating circumstances of criminal - No evidence as to uncommon nature of offence or improbability of reformation or rehabilitation of accused - Fact that accused had no previous criminal record apart..........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape it is not necessary that external injury is to be found on the body of prosecutrix...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not sine qua non for conviction in a rape case, if evidence of prosecutrix does not suffer from any basic infirmity and `probabilities factor' does not render it unworthy of credence...........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Non-examination of aunt of prosecutrix - Accused is the son of aunt of prosecutrix - Nothing prevented accused to have examined his mother as his witness - Non-examination of aunt of prosecutrix cannot put against prosecution, in the light of evidence of prosecutrix and categorical findings..........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Prosecutrix was staying in her aunt house and was compelled to face the ordeal of sleeping with accused everyday night - Evidence of prosecutrix clearly established that accused was committing rape on her by penetration - Prosecutrix was reluctant to go back to house of her aunt and..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Allegation levelled against accused of commission of sexual assault on mentally retarded victim stood corroborated from medical evidence - Evidence in the form of testimony of mother of victim,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Accused sentenced to undergo R.I of 15 years with fine of Rs.5000 u/s 6 of POCSO Act and in default of payment of fine to undergo 30 days S.I, which is upheld and merits no leniency - Trial Court..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of..........
