Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 154 -- Murder - Hostile witness - PW4 who was present on the spot was declared hostile by prosecution - However, testimony of a hostile witness to the extent reliable can be acted upon - Admittedly presence of PW4 at the place of occurrence was admitted and his testimony supported the testimony of PW8 -..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Allegation that accused roaming around house of deceased - Merely because accused was 18 years of age as on date of incident, roaming around house of deceased would not lead to conclusion that accused has committed crime of rape and murder, unless prosecution is..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Indian Penal Code, 1860, Section 364, 376, 302, 201, Evidence Act, 1872, Section 24 -- Kidnapping, rape and murder - Circumstantial evidence - Extra judicial confession - PW1 stated that accused confessed that he had committed a mistake of raping deceased and throwing dead body in well - He took accused to police station and produced him before Police Officer - No ground..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Appeal against acquittal - Prosecution has failed to prove the participation of present accused in commission of crime - Trial Court rightly discarded testimony of prosecution witnesses, while giving verdict of acquittal in favour of accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Mere statement recorded by police during interrogation, by virtue of which present accused has been netted in crime of murder, is not enough and is having no legal significance - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s) -- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory..........
Indian Penal Code, 1860, Section 53 -- Sentence - Sentencing of crimes has to be analyzed on touch stone of three tests viz., crime test, criminal test and comparative proportionality test...........
Indian Penal Code, 1860, Section 326, 452, 34 -- Offence u/ss 326, 452, 34 IPC - Quantum of sentence - Accused entered the house of complainant attacked others present with axe and with sticks - Four people including complainant were injured - Main allegation against accused is that they used an axe to attack victim - In the scuffle, accused were also injured profusely -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
