Indian Penal Code, 1860, Section 376, 506 -- Rape of daughter by her own father - Testimony of prosecutrix - There are discrepancies, inconsistencies and contradictions in testimony of prosecutrix - Medical evidence also not supported her version - No sign of any injury over body of prosecutrix was found - It is evidently clear from evidence on record that it was not her..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Indian Penal Code, 1860, Section 307, 353, 332, 427, 186, 109, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(S) -- Offence u/s 307, 353, 332, 427, 186, 109 IPC and Ss.3(1)(R), 3(1)(S) of SC/ST Act - Quashing of FIR - Specific allegations of accusing injury to complainant while discharging official duty is levelled in FIR..........
Indian Penal Code, 1860, Section 323 -- Simple hurt - For an offence u/s 323 IPC, there need not be a compulsory presence of medico legal report, because for a simple hurt even one slap will be sufficient, having no medical injury...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused were five in number - However, there was only a single injury caused to deceased although they had opportunity to inflict further injuries - If the intention of accused was to kill deceased, they could have dealt several blows to deceased - Nature of wound is not devastating so as to exhibit..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused as under trial had undergone 2 years 8 months 11 days of custody - He after his conviction by Sessions Court in 1995 till 2006 remained in custody completing 11 years 9 months 26 days - Accused thus, undergone total custody of 14 years 6 months 7 days - Acquittal upheld...........
Indian Penal Code, 1860, Section 420, 406, 34 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect...........
