Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Cruelty - Principle of `stare decisis' - Main accused husband of deceased acquitted on merit - No specific over act levelled against petitioners - Even no cinching evidence to presume that proceeding would culminate into conviction -..........
Indian Penal Code, 1860, Section 375 -- Rape - Consent - Where victim was incapable of giving a valid consent as per S.375 IPC, even if consent has been obtained by accused for sexual intercourse, it will amount to rape...........
Indian Penal Code, 1860, Section 363, 366A, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - Prosecutrix was about 16 years at the time of incident - It is thus, proved that prosecutrix was minor on the date of incident - As such consent is immaterial - Accused is guilty of kidnapping and rape of prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - When prosecution's case is based on circumstantial evidence, what is required to be proved is complete chain of circumstances without leaving any conclusion consistent with the innocence of accused - It must be shown that in all human probability, the act, with which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy access..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident took place due to sudden provocation and in a heat of passion which was a result of delay in preparing lunch by deceased - Accused picked up a wooden object and hit the deceased - Only one single blow was inflicted - Death of deceased took place 10 days after said incident while she was undergoing..........
Indian Penal Code, 1860, Section 468, 471, 197, 199 -- Offence u/ss 468, 471, 197, 199 IPC - Offence not travelling beyond Ss.197, 199 IPC i.e of making a false declaration before a public servant for gaining promotion - Ex-facie offences u/ss 468, 471 IPC cannot be sustained, as no document was either forged or fabricated by petitioner - Moreover, compliant filed by..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of two eye-witnesses apparently suffers from self-contradictions while one witness has turned hostile, which creates serious doubt regarding presence of said witness at the time of occurrence of incident or immediately thereafter - More so, murder weapon had been recovered on information supplied by appellant after..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual physical relationship : (a) Manner in which prosecution alleges the incident to have taken place is highly unbelievable; (b) Hue and cry made by prosecutrix but not heard by neighbours who were admittedly present in and around the place of occurrence; (c) first information given by prosecutrix to police at 100..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 114 -- Discharge - Murder case - Dead body of deceased recovered from well - It would be difficult for a single person to manage all activities right from killing of deceased to dragging her and then throw her in well - Prima facie evidence available on record that co-accused helped..........
