Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - Complaint not filed by officer who had issued proclamation u/s 144 Cr.P.C - Therefore, trial Court could not have taken cognizance of charge-sheet indicating offence u/s 188 IPC - Since, the other offences could not be separated, as genesis of..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No specific overt acts attributed to any of accused - Court convicted A-1 and acquitted A-5 and A-6 though similar allegations were made against them - When there is a similar identification evidence of witnesses against accused ascribing them some or similar role, Court cannot convict one and acquit the other -..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No specific overt acts attributed to any of accused - Court convicted A-1 and acquitted A-5 and A-6 though similar allegations were made against them - When there is a similar identification evidence of witnesses against accused ascribing them some or similar role, Court cannot convict one and acquit the other -..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
