Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix alleged that co-accused lifted her at around 11.00 pm and she came back at around 2.30 am - This is a huge gap but there is no allegation of repeated rape upon her - No signs of injuries external or internal on prosecutrix including her private parts - There..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or no, refund of earnest money - Does not amount to criminal breach of trust...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, fraud/deception has to be practiced by an accused at the time of entering into a transaction to induce person so deceived to deliver any property to any person - Once a transaction takes place between parties, subsequent dispute may amount to breach of contract, but not an offence u/s 420 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379 -- Bail - Theft - Nine separate crimes registered against petitioner a 20 years old man - In all these cases, bail was granted to petitioner on conditions - Petitioner was ordered to execute bonds for varying amounts - He is unable to comply with conditions, therefore he approaches Court for..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Cause of death of deceased was strangulation - Incident occurred when deceased has gone to his i, laws house to bring back his wife and children - Deceased died due to strangulation in the house of one `M', where accused were present - Accused having illicit relationship with wife of deceased..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Prosecution led no satisfactory evidence so as to establish beyond all manner of doubt that accused was woman who was staying in the house in question with co-accused where deceased/girl was murdered - Fact that dead body was that of daughter of accused would create..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(f) -- Kidnapping and rape of 5 years old minor girl - Death sentence - Only circumstantial evidence against accused - Accused has become victim of his own past - It is thus, proper to impose sentence of total 25 years of imprisonment - Death sentence set aside...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Motive of crime is that an altercation took place between accused and deceased about 10-15 days before the occurrence - However, details of same not given - No FIR of alleged altercation was registered - Accused were not armed with any weapon - PW7, brother of deceased had seen accused strangulating..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Motive - Prosecution failed to prove motive attributed to accused - Accused was frequent visitor to house of deceased - He never raised any dispute with deceased in presence of PW1 - Case of prosecution is that accused was demanding Rs.10,000 for simple reason that he had to make FDR of said amount - However,..........