Indian Penal Code, 1860, Section 302 -- Murder - Gu, shot injury - No evidence on record that accused was author of gunshot which killed deceased - Ballistic report did not support prosecution case, as it opined that cartridges fired and recovered from spot could not be fired from rifle belonging to accused - More so, alleged rifle not taken in police custody immediately..........
Indian Penal Code, 1860, Section 375 -- Rape - Inserting finger into private part of prosecutrix - Amounts rape u/s 375 IPC...........
Indian Penal Code, 1860, Section 376(AB), 376(2)(1), 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(E), 6, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Rape of 5 to 6 years child - Inserting of finger into private part of prosecutrix amounts to rape but the manner in which offence is committed is not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix specifically stated that she joined the company of accused with her own volition, without any pressure from the side of accused - Thereafter, she remained in the company of..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 325, 326, 34 -- Compromise - Offence u/ss 323, 324, 325, 326, 34 - Since, petitioners are facing the agony of protracted trial for more than 20 years and after the compromise between parties, complainant has not levelled any allegations regarding threat or misuse of compromise at the..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Conviction u/s 304(Part I) - Incident occurred at the spur of moment in heat of anger - Admittedly, accused was in drunken condition at the time of incident - Accused was upset with his father and when his father went to offer him food, he ran inside and picked up a knife with which he..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - In an offence u/s 304 Part-II IPC intention is missing and prosecution has to prove death of a person in question and such death should be caused by the act of accused knowing that such act is likely to cause death, whereas, for offence u/s 304 Part-I IPC both knowledge and intention is..........
