Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Kidnapping and rape of 4-1/2 years old girl - Testimony of victim - Victim was subjected to brutal vicious sexual assault - She identified accused to be assailant and stated that he fell on her - Victim stated that because of foul act of accused she started bleeding from her vaginal area - Testimony of victim is..........
Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused entered into agreement with complainant for purpose of selling of land - Agreement was later on cancelled by accused - Complainant demanded amount received by accused - Dispute between parties is purely civil in nature - Court, without expressing..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
Indian Penal Code, 1860, Section 302 -- Murder - Mere irregularity or omission on part of I.O does not cast cloud over prosecution version, as I.O is not obliged to anticipate all possible defences and investigate from that angle - Interest of justice demands that such acts or omission of I.O should not be taken in favour of accused or otherwise, it would amount to placing..........
Indian Penal Code, 1860, Section 302 -- Murder - Firearm injury - Testimony of sole eye witness/PW2 - Three eye witnesses examined by prosecution but two of them declared hostile having not supported prosecution case - PW2 along with PW1 and deceased was in the field for watching it in night - Their presence is not disputed by defence - When deceased intercepted accused in..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Firearm injury - Plea of alibi - Accused examined DW1, who was his so, i, law, was working along with accused and DW2 (Co-labourer) at the time of occurrence - Distance between villages i.e where incident took place and where accused allegedly working was only 3 kms., as such accused could..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Cruelty - Two dying declarations - Death by burning - First dying declaration given immediately after the incident after certificate of fitness given to deceased goes to show that burn injuries sustained by deceased are due to an..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), 307, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping, rape and attempt to murder of 3-1/2 years old minor girl - Accused was not named in FIR, as he was not known to victim or complainant - Nobody seen accused committing crime, nor he could be got identified from victim being of tender..........
