Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Evidence of witnesses of extra judicial confession were contradictory to each other - Testimonies of such witnesses not reliable so as to base conviction solely on basis of such testimonies...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - But, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - On the pretext of marriage - Prosecutrix was in physical relationship with accused for nearly about 5 years - On the date of incident, prosecutrix went along with accused to a hotel - It cannot be said that her consent was obtained by misconception of fact - When accused was not acceding to request of prosecutrix for..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings...........
