Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
Indian Penal Code, 1860, Section 80 -- Benefit of presumption u/s 80 IPC - Burden of proof - Degree and character of burden of proof which casts on an accused when he pleads the benefit of presumption u/s 80 IPC, cannot be equated with degree and character of proof which u/s 101 of Evidence Act rests on prosecution - Such proof may consist of circumstances appearing in..........
Indian Penal Code, 1860, Section 304, 80 -- Accident - Benefit of presumption u/s 80 IPC - Prosecution has no case that accused had necessary intention to cause death of deceased - Even, prosecution miserably failed to establish that accused drove vehicle without proper care and caution - Admitted case of prosecution is that wooden logs and rocks were placed across the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Prosecution version appears improbable that such an incident took place in an area surrounded by houses - The prosecution has also not examined any independent witness residing nearby to lend credence to the prosecution's version - The prosecution relies on the extra-judicial confession made by the..........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Reduction of sentence - Conviction of father-in-law and mother-in-law - Demand of dowry has been established and proved by prosecution - Deceased died within a period of one year of her marriage - Offence u/s 304-B IPC is the offence against society - Such offences have serious impact upon society - Imposing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Primarily 22 accused were prosecuted for unlawful assembly with common object of committing murder of deceased - However, only offence proved against A-1 and A2 is one u/s 302 IPC - No reason as to how conviction of only 2 out of 22 accused can be sustained and that too only for offence u/s 302 IPC when allegation of..........
