Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Recovery of T-shirt worn by accused at the time of incident - Person who handed over T-shirt allegedly worn by accused at the time of incident to investigating agency was not examined during trial - Recovery not proved...........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 408, 471 -- Benefit of probation - Offence u/ss 408, 471 IPC - Accused was already acquitted from charge u/s 468 IPC - Maximum punishment prescribed u/s 408 IPC is 7 years and u/s 471 IPC is 2 years - Accused is not having any previous criminal antecedents - Benefit u/s 4 of Probation Act thus,..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Complaint lodged belatedly by complainant on the basis of listening of story from his wife - Delay is not explained in the complaint or in the evidence - Prima facie it appears that complaint itself is suspicious - Though..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354, 448 -- Sexual assault - Entering into house of complainant in her absence and her husband, by accused, touching body of victim girl and kissing her shows that accused had sexual intent - Act involves physical contact by accused with victim - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - S.489-A IPC does not permit Court to presume the mental state of an offender, who is found in possession of counterfeit or forged currency notes...........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere possession is not punishable u/s 489-C IPC...........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere fact that accused is resident of Delhi and he was apprehended in Mussoorie does not empower Courts to raise presumption of mental state - Accused did not have reason to believe that currency notes were forged or counterfeit because he was given those currency notes by one person as a payment - It..........
