Indian Penal Code, 1860, Section 377, 511, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Unnatural offence - Child abuse - Quashing of proceedings - Act of accused making the victim to stay in same room in same cot, hugging him, touching the private part of victim and committing unnatural intercourse with victim, who was a minor against his..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511 -- Kidnapping - Unnatural offence - Stay of red corner notice - Accused not appeared before Trial Court at any point of time and therefore, no, bailable warrant issued against him resulting in issuance of red corner notice - Though warrant has been recalled but red corner notice is still in force - Accused unable to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Extra-judicial confession - Accused confessed before PW1 that he killed his wife and has thrown body in the river but he made disclosure statement to the effect that he killed his wife and concealed the body in septic tank - Body was recovered from septic tank - Medical report supported ocular..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Indian Penal Code, 1860, Section 302, 309 -- Murder - Accused committed murder of his two minor children and thereafter attempted to commit suicide - All PWs turned hostile - No evidence on record which proves the guilt of accused - Moreover, mother of both children and wife of accused had absolved accused - Suspicion however, grave cannot take place of truth - Benefit of..........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 73 -- Murder - Comparison of disputed and admitted signatures on arrest memo, seizure memo and recovery memo - Prosecution failed to prove admitted signatures of accused on arrest and seizure memo - Nobody has appeared in Court to said that signatures were made in his presence or they have conversant..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Several accused persons went to the room of informant at mid of night after murder of his father and nephew - It cannot be said that there was no common object between them...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Common object - Two deceased persons died due to fire arm injuries in their field and third one was killed in her house - Accused persons were identified by PW2 & PW4, even though there was no source of light but after hearing the fire shots PW4 came outside with his torch and saw the accused persons even..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Medical examination - Doctor stated that within 12-24 hours of sexual intercourse, sperms can be found in vagina - However, no sperms were found in the vagina of prosecutrix though her physical examination was carried within 24 hours from the last alleged incident of sexual intercourse - Medical evidence held not..........
