Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Testimony of prosecutrix - Prosecutrix was 8 years old girl at the time of incident and if some questions were answered in the manner on which questions were put to her in cross-examination then on that basis her statement was not liable to be disbelieved - Her statement was fully supported by medical..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Prosecutrix was medically examined in the night itself in which injury on her private part was found - Sperm of human found on the underwear of prosecutrix - Medical evidence thus, fully supported the prosecution case - Evidence of PW2 and PW3 which are corroborative evidence of fact subsequent to incident..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Quantum of sentence - Accused is a married man having small children - He has no criminal history - Accused thus, sentenced to 15 years imprisonment with fine of Rs.20,000 and in case of default in payment of fine additional sentence of 3 months will be served by accused...........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 451, 353, 186, 189, 506, Prevention of Damage to Public Property Act, 1984, Section 3 -- Bail - Offence u/ss 451, 353, 186, 189, 506 IPC and S.3 of 1984 Act - Doubtful that occurrence took place in the manner as claimed by investigating agency - Genuineness of allegations of second instance also..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 392 -- Extra-judicial confession - Murder case - PW2 stated that accused confessed before PW1 and who in turn told about the same to him - Information received by PW2 from PW1 about extra-judicial confession made by accused is thus, hearsay - Such hearsay evidence of PW2 relating to so called confession..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302, 392 -- Confession of co-accused - Murder case - Accused cannot be convicted solely on the basis of extra-judicial confessional statements of co-accused, which were not corroborated by cogent and reliable evidence...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392 -- Recovery of rope - Murder case - Accused cannot be convicted on the basis of recovery of rope which was used for committing the offence in the absence of any link of rope with crime, as it is a common material or thing which is available anywhere in market or at every household - Accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Co-accused absconded - Merely because whereabouts of co-accused who was accompanying accused was not traceable, trial of accused on this score will not vitiate nor impugned order of conviction and sentence set aside on this score...........
