Indian Penal Code, 1860, Section 302, 498A, 364, 34 -- Murder - Cruelty - Case of prosecution that deceased was forcibly taken away from matrimonial home and murdered her elsewhere not proved, as there is no evidence to substantiate such fact - Even, there is no reflection of torture over non-payment of remaining dowry in FIR - Vital missing link strikes at very heart of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Allegation that accused attacked deceased with pestle and co-accused attacked PW1 with sticks - However, pestle allegedly used by accused was not recovered - There is no medical evidence to support injuries with intent punishable u/s 307 IPC - Act of accused can be only punished u/s 323 IPC and not u/s 307..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Indian Penal Code, 1860, Section 302, 304(Part I), 34 -- Nature of offence - Incident occurred after verbal altercation between parties - There was no pre-planning or premeditation to commit crime by accused - A-1 and A-2 in a heat of passion caught hold of deceased and his wife/A-3 out of anger brought kerosene and poured it - In dying declaration, it is rightly stated..........
Indian Penal Code, 1860, Section 304(Part I), 34 -- Offence u/ss 304(Part I), 34 IPC - Reduction of sentence - Accused have no criminal history and it is their first offence - A-3 has three children out of which two were minor at the time of incident and since last 11 years no one is there to look after them and now they have to be settled in their life - Sentence reduced..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - A-1 assaulted deceased by means of knife causing an injury on her neck which can be said to be such an act with full knowledge that it would in all probability cause her death - There was no provocation from the side of deceased, who had a quarrel and fight with A-2 - Evidence shows that A-2 facilitated assault by..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
