Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Indian Penal Code, 1860, Section 376AB, 506(I) -- Penetrative sexual assault - Testimony of victim - Victim was 6 years old at the time of incident - Statement of victim was recorded u/s 164 Cr.P.C and she stated about the incident almost in same manner, in which she deposed before Court - Though..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Two ingredients to be satisfied : (1) The offender has sung, recited or uttered any obscene song or word in or near any public place and (2) has so caused annoyance to others...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Consulting room of doctor in a Hospital - Not a public place or near public place to attract offence u/s 294(b) IPC...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Words allegedly uttered by accused not aroused sexually impure thoughts in the mind of the hearers - Basic ingredients of S.294(b) IPC are not attracted - Proceedings quashed...........
Indian Penal Code, 1860, Section 354A -- Offence u/s 354-A IPC - None of ingredients of S.354-A IPC attracted in view of FIS - No purpose will be served in proceeding further against accused - Proceedings quashed...........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376 -- DNA test - Paternity of child - Rape case - Paternity of child is not relevant for deciding case u/s 376 IPC, as same can be decided on oral evidence - Even otherwise, medical evidence in a rape case is not always final but plays role of secondary evidence - Application for DNA test rightly rejected...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place due to some dispute regarding field - Presence of accused at the spot was admitted by defence - Testimony of PW1 regarding incident is fully supported by PW5 who is owner of shop where incident had taken place - An axe was seized from accused and therefore, it cannot be said that prosecution..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Sentence - Accused at the time of incident was 25 years old - Both accused and deceased are cousin brothers - Looking to facts and circumstances of case, sentence of accused reduced to period already undergone with fine of Rs.50,000/-...........
