Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - All the accused in connivance with each other have cheated the bank by submitting cheques of accounts in which there was no balance or without any submission thereof and entries by bank officers in the books of account showing them to be pending for clearing and giving credit to account holder/accused - Accused..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Distinction - S.34 IPC requires active participation and prior meeting of minds, whereas S.149 IPC assigns liability merely by membership of an unlawful assembly and has a wider scope than S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common intention - Mere common intention per se may not attract S.34 IPC without action in furtherance of such common intention...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention of accused was never established by prosecution to connect them with crime charged - Deceased died of multiple injuries - Prosecution failed to establish for two accused `R' and `M' as to which injury is inflicted by which accused on the deceased, which resulted in death - Moreover, in the absence..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Sole testimony of prosecutrix - Complainant/father of prosecutrix turned hostile - Once the statement of prosecutrix inspires confidence and accepted by Court, conviction can be based upon solitary evidence of prosecutrix and no further corroboration..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor - Age of victim not proved - DNA profiling of child victim and that of accused did not match - Except DNA test not fortifying the prosecution case, no further investigation was taken up to establish the identity of perpetrator of offence - Victim failed..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
