Indian Penal Code, 1860, Section 413, 414 -- Offence u/ss 413, 414 IPC - No independent, cogent evidence on record that alleged motorcycles were at all recovered from accused and he was habitually dealing in stolen property or assisting in concealment of stolen property - Alleged recovery from open space within alleged small boundary behind old jail as well as from chowk..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction can be founded on sole testimony of prosecutrix, unless there are compelling reasons for seeking corroboration - Corroboration as a condition for judicial reliance on testimony of prosecutrix is not a requirement of law but a guidance of prudence under given circumstances...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of widow - Prosecutrix reported the matter after more than 1 month of incident - Testimonies of PWs are vague and hearsay - No explanation given by prosecutrix as to why she did not disclose the matter to anyone even to her close relatives - Defence of threat as put by prosecutrix is totally false, as she stated that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 - Petitioner is in custody and trial is underway - No useful purpose would be served in keeping her incarcerated - Material witness has already given his statement even though examination-in-chief is still pending - Petitioner would not be in a position to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Abetment may be by instigation, conspiracy or intentional aid as provided u/s 107 IPC - Offence of abetment by instigation depends upon intention of person who abets and not upon act which is done by person who was abetted to commit the act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and accused - However, their relationship was strongly disapproved by parents of deceased - Deceased was tormented as she felt that she would not be able to continue with her relationship with accused due to various..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Recovery of weapons - Weapons were recovered from scene of offence but not at the instance of accused persons - No evidence to corroborate the case of prosecution that said weapons were used in the commission of offence - Recovery witnesses turned hostile - Recovered weapons not sent for examination by FSL - Recovery,..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of PW1 to PW5 discarded being not proved - Recovery of MO also not proved, as recovery witnesses turned hostile - Inconsistency found between ocular evidence and medical evidence in respect of injuries to alleged eye witness and deceased and weapons used - Prosecution failed to prove its case - Accused..........
