Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Incident is of the year 2002 - Accused has differently abled son - Life imprisonment awarded to accused reduced to period already undergone by him which is 10 years and nine months approximately - However, accused will pay a fine of Rs.10,000 and in default whereof he will..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Prosecution must prove following four circumstances in case of murder by poisoning: (1) there is a clear motive for an accused to administer poison to the deceased; (2) that the deceased died of poison said to have been administered; (3) that the accused had the poison in his possession; (4) that he had an..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Constitution of India, 1950, Article 32 -- Clubbing of FIRs - Multiple FIRs against petitioner in different States cannot be clubbed together when not only offences under provisions of IPC are invoked but also provisions of respective State enactments are involved...........
