Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Death sentence - Can be awarded even in case based on circumstantial evidence...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Suicide by husband - Mere refusal of wife to come back to matrimonial home does not result in instigation or amounts to intentional aid for committing suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Suicide by husband - Mere fact that deceased husband threatened to commit suicide if accused wife does not come back to matrimonial home to which wife responded that if you want to die tomorrow die today, does not amount to instigation - FIR quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 323, 341, 382, 326, 64 -- Bail - Offence u/ss 323, 341, 382, 326, 64 IPC - No exceptional circumstances to decline bail to a juvenile as indicated u/s 12 of JJ Act - Moreover, co-accused is already granted bail - Case of juvenile is similar to co-accused - Bail..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 316, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Cruelty - Dowry demand - Compromise arrived at between parties - High Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C may quash the proceedings in respect of no, compoundable..........
Indian Penal Code, 1860, Section 302, 384, 34 -- Murder - All important PWs not fully supported prosecution case - Brother of deceased/PW1 though in examinatio, i, chief has supported prosecution case but later when he was cross-examined after one year of his examinatio, i, chief not supported prosecution case - Cross-examination of PW1 was adjourned for about 30 dates -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Medical examination - Refusal by prosecutrix - Where prosecutrix refused to undergo a medical examination, it shows that no offence is committed on prosecutrix by accused - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per prosecution there were blood stains on `loi' recovered pursuant to disclosure statement of accused on 24.01.2012 - However, blood sample of accused was drawn on 25.01.2012 - Said factor creates a dent in prosecution story - Conviction set aside - Accused..........
