Indian Penal Code, 1860, Section 448, 341, 380, 34 -- Trespass and theft - Specific allegations levelled in FIR that petitioners trespassed into portioned premises under occupation of complainant in her absence and stole goods lying there - Merely because petitioners claim that they were in possession of some portion of same premises would not mean that they were in..........
Indian Penal Code, 1860, Section 476 -- Offence u/s 476 IPC - Four number plates of different registration number recovered along with contraband - However, there is nothing on record to prove that those recovered number plates were verified by authorities concerned nor there is any evidence that those number plates were being used by accused - Offence u/s 476 IPC not made..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered brutal homicidal death at matrimonial home within 10 days of being brought back on assurance that accused/husband would not subject her to further torture over demands of dowry - Accused was present with deceased at the time of occurrence and has failed to give any explanation as to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Examination of evidence and materials on record shows that circumstantial evidence surrounding commission of offence clearly connects accused persons with offence - Even, evidence of child witness is corroborated on material particulars - Moreover, last seen..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Appeal against conviction - Murder - Admittedly, no valuable article or jewellery was missing from Well, where accused were staying with deceased - Even though human blood has been found but its blood group could not be determined - Witness of recovery memo not examined - Merely on evidence of last..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Abduction and rape - Determination of age of prosecutrix - School leaving certificate is on record for proving age of prosecutrix - However, there is no reliable evidence to vouch for truth of said certificate - Person who issued the same and source from..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Abduction and rape - Sole testimony of prosecutrix - Prosecutrix in her statement recorded u/s 164 Cr.P.C. stated that she had gone of her own, but later she retracted from her statement for obvious reason that she succumbed to pressure of her parents -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 381, 457, 411, Evidence Act, 1872, Section 25 -- Quashing of FIR - Theft - Confession of co-accused - Petitioner named by co-accused in his disclosure statement - No recovery has been effected from petitioner - Even otherwise, confession made by accused in police custody is inadmissible in..........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 406, 420, 120B, Information Technology Act, 2000, Section 72A -- Seizure of bank account by I.O - Offence u/ss 406, 420, 120-B and S.72-A of I.T. Act - Two trusts run by accused were actively involved in collecting huge funds as donation in name of providing legal assistance to Gujarat Riots..........
